Retreadfed

The contractor had previously filed a claim for failure to adjust contract prices in accordance with 52.222-41. The claim was denied and appealed to the ASBCA where it was ultimately settled. All this was an affront to the CO who was very sensitive about anyone questioning her authority or actions. She then began building a case against the contractor based on half truths and situations she had manufactured. The CO was also poisoning the well against the contractor with higher ups so that the contractor was viewed as a trouble maker. Because of timing, filing a claim would take too long t

Just to be sure as to what we are talking about, are you asking about a failure to comply with FAR 15.503 in regard to a procurement conducted under FAR Part 15?

This practice is not limited to primes. I worked with a contractor that had a contracting officer do this. This was done after she had refused to make earlier adjustments to the contract as required by FAR 52.222-41. The combination of these activities forced the contractor, a WOSB, into bankruptcy and a DOL SCA noncompliance investigation for not paying employees required wages and fringe benefits while the company had no money because of the CO's incompetence and refusal to pay the contractor IAW the contract.

What is that payment schedule based on?

Does the contractor submit interim invoices or only one invoice when the contract is completed? If the former, what is the basis upon which the invoices are submitted?

Does this option clause obligate the contractor to continue providing the engineering support services for another 3 months at no additional cost to the Gov't? No Or, is the contractor simply obligated to continue working under the $150/hr rate for the 3-month extension, but with a price increase to account for the additional hours? Yes. Let's say the 3-month extension translates to an additional 20 hours. Would the Gov't be required to increase the price by $3,000? Yes, however, if the work covered by the contract is subject to the SCA, and the contract contains FAR 52.222-41, a

Why not? If successful, you may be able to recover your proposal prep costs.

Why do you think that the prime will pay you the full amount of the subcontract once the prime contract is awarded?

Fear, have you thought about contacting DSCA to find out what they think since they are the experts on FMS procurements?

By this do you mean funds provided by the foreign country?

I'm not quite sure what point you are trying to make. However, funds have to be certified as to availability before they can be obligated. In my experience, the funds certifying official for one agency will not certify multi-year funds as being available beyond the first year. This really hamstrings agency operations, but that is how they choose to do things.

You would also have to look at the fiscal rules of your agency. Some agencies have a policy of treating some multi-year funds as annual appropriations.

This happens frequently with R&D contracts, particularly where spiral development is being used. The agency will wish to award a follow-on contract on a sole-source basis. The agency will go through the normal process of awarding the contract, but instead of issuing a new contract document, it will modify the existing contract.

ODCs?

Do a google search "instructions for sf 1449"