Retreadfed

I have to disagree. As has been stated in this forum several times, the FAR does not apply to contractors. Instead, it applies to government personnel when executing an acquisition. FAR 1.101 reads in part "The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies." Contractors are required to comply with the terms of their contracts. If a contract term incorporates a FAR section, the contractor must comply with that section to the extent it applies to that contract.

PD, I think you are missing the point that ji made and that is the other offeror's quote would not have been late in this situation because the government changed the due date.

No. Certified cost or pricing data is required in the circumstances described in FAR 15.403. Note that 15.403-1 explicitly prohibits contracting officers from obtaining certified cost or pricing data when the conditions listed there exist. Note that 15.403-1 does not make any distinctions in regard to how the contract is priced. Thus, if the conditions in 15.403-1 exist, certified cost or pricing data may not be obtained in regard to a cost reimbursement contract. On the other hand, if the conditions in 15.403-1 exist, data other than certified cost or pricing data may be submitted if that is the only way the contracting officer can determine that the price quoted is fair and reasonable. This data is analyzed using price analysis. In short, there is no blanket requirement that certified cost or pricing data or even data other than certified cost or pricing data must be submitted when the government contemplates award of a cost reimbursement contract.

What type of prime contract do you have? If that clause is not in your contract, what contractual requirement do you have to obtain competition when awarding subcontracts?

Schultz, is FAR 52.244-5 in your contract? If it is, have you read it?

Joel, go back and read the statute again. It clearly states that (sub)contractors "shall be required" to do the things you mention. It does not say that the (sub)contractor is to do these things without first being required to do so. In both cases, the contracting officer is the one who requires these actions. This is done by including FAR 52.215-20 in RFPs and 52.215-12 in RFPs and contracts.

Neil, the reason I asked my earlier question was your reference to business practices. In regard to complying with the US Code, the relevant statutes (10 U.S.C. 2306a for DoD), do not impose any requirements on contractors or subcontractors. They only impose requirements on the government. One of those requirements is to require potential contractors and subcontractors to submit certified cost or pricing data in specified circumstances. The statutes also impose restrictions on when the government can require the submission of certified cost or pricing data. Some of these statutory restrictions are implemented in FAR 15.403. Note that the statutes and FAR only impose restrictions on the government obtaining certified cost or pricing data. Neither contains a restriction on contractors obtaining cost or pricing data when it is not required by the FAR or statutes. As has been discussed in this forum before, contractors sometimes have policies that require them to obtain certified cost or pricing data from subcontractors when it is not required by the terms of their contract that implement the statutes and FAR. Therefore, you as a prime can attempt to require subcontractors to submit certified cost or pricing data when it is not required by the terms of your contract. Thus, if you have a business practice of requiring a single source subcontractor to submit certified cost or pricing data in regard to a CPFF subcontract when multiple sources were solicited, I see no contractual, statutory or regulatory impediment to doing so, although you may get push back from the subcontractor. On the other hand, as a prime contractor, I would be surprised if you would try to convince the government that you should submit certified cost or pricing data in regard to a CPFF contract when you are the only offeror although others were solicited.

Can you answer the question I asked on Friday May 17?

Why do you need options for this contract type? Why not just issue a contract with an ordering period that covers the entire period of performance?

Neil, do you view FAR 15.403-1 or -2 as imposing any restrictions on your ability to obtain certified cost or pricing data from potential subcontractors? Put another way, do you believe you have the discretion to require subcontractors to submit certified cost or pricing data when it is not required by these FAR subsections?

FAR 15.401 reads As used in this subpart-“Price” means cost plus any fee or profit applicable to the contract type. Since 15.403-1 is a part of subpart 15.4, why would the definition of "price" in 15.401 not be the definition of "price" in 15.403-1?

Neil, look at the definition of "price" in FAR 15.401.

To add to what ji asked, are you talking about a contract subject to the FAR?

Generally, no audit of the prime or subcontractors would be required if the prime contract (task order) is being awarded competitively. To the best of my knowledge, the only pre-award audit rights that the government has is in regard to non-competitive awards when certified cost or pricing data are required. See, table 15-2 in FAR 15.408.

That depends on the value of the prime contract and subcontract, how each is priced and what agency is awarding the contract.