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About Retreadfed

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  1. Retreadfed

    Barring Subcontractor

    Torey, can you point me in the right direction to find the FAR clauses that the AOC uses in its contracts? I am familiar with the clauses that are used in simplified acquisitions, but not the clauses used in contracts that do not use simplified acquisition procedures.
  2. Retreadfed

    Multi-year Service Contracts?

    I suggest that you contact the Professional Services Council (psc.org) and ask them if they can help you.
  3. Retreadfed

    Cost Allowability

    Vern, see CAS 405-20 "The Standard is predicated on the proposition that costs incurred in carrying on the activities of an enterprise—regardless of the allowability of such costs under Government contracts—are allocable to the cost objectives with which they are identified on the basis of their beneficial or causal relationships." Also, see CAS 405-40(e) "All unallowable costs covered by paragraphs (a) through (d) of this subsection shall be subject to the same cost accounting principles governing cost allocability as allowable costs." Finally, see CAS 405-50(a) "The detail and depth of records required as backup support for proposals, billings, or claims shall be that which is adequate to establish and maintain visibility of identified unallowable costs (including directly associated costs), their accounting status in terms of their allocability to contract cost objectives, and the cost accounting treatment which has been accorded such costs" and (b)(1) " to provide visibility for incurred costs, acceptable alternative practices would include: (i) The segregation of unallowable costs in separate accounts maintained for this purpose in the regular books of account, (ii) The development and maintenance of separate accounting records or workpapers, or (iii) The use of any less formal cost accounting techniques which establishes and maintains adequate cost identification to permit audit verification of the accounting recognition given unallowable costs."
  4. Retreadfed

    Barring Subcontractor

    Torey, are you dealing with a contract awarded by the Architect of the Capitol? If not what agency awarded the contract?
  5. Retreadfed

    Cost Allowability

    That is not a true statement either. Remember, unallowable base costs are to be included in the base for calculation of indirect cost rates. Therefore, if overhead is a part of the G&A base, unallowable overhead costs are to be included in the overhead pool for calculation of the G&A rate. However, unallowable overhead costs are to be excluded from the overhead pool for calculation of the overhead rate. On another note, many people I have spoken with mistakenly believe that unallowable G&A costs can be included in the G&A base. That is incorrect. As H2H mentioned earlier, G&A costs remain G&A costs whether they are allowable or not. Unallowable G&A costs are to be accumulated in a separate pool, then allocated to contracts using the G&A base. See, FAR 31.201-6 and CAS 405. The fact that a cost is not allowable, does not mean that it is not allocable to contracts. See, FAR 31.201-1.
  6. From a company's perspective, I would have a question concerning replacement of the hardware with new equipment. I would not want to make an investment in something only to have the project pulled out from under me. An example of this is the DEW line radar system where the radars used vacuum tubes. Obviously, over time the use of vacuum tubes became obsolete and the system was ultimately replaced. In the meantime, only one producer of vacuum tubes remained in business. When the AF stopped using vacuum tubes, the contractor had a production facility that had to be closed down. Something to think about in discussions with your client. What happens to them if the government does something similar regarding their product.
  7. Retreadfed

    Business Development

    CR, what activities are you considering to be business development? The FAR does not require contractors to have any specified indirect cost structure. Further, it does not generally mandate how costs are to be treated. An exception to this is B&P/IR&D costs which are to be allocated to contracts using the same base that is used to allocate G&A costs. B&P/IR&D may be considered business development costs. They can be stand alone costs or included in G&A. Either way, they are allocated to contracts over the G&A base. If a contractor has an overhead pool and a G&A pool, the determination as to the composition of each pool should be based on an analysis of each cost using the guidance in 31.201-4 and 31.203. If the contract is CAS covered, look at CAS 410, 418 and 420.
  8. Retreadfed

    Consideration in exchange NCE?

    Vern, are you applying this to the situation where the contractor experiences an excusable delay and the government and contractor negotiate an extension to account for the delay period? If so, what is the consideration the government receives? It has been my experience that the contractor generally receives no monetary compensation for such an extension. Further, the government does not reduce the contract price.
  9. I think this language from FAR 52.219-9(d) should be of interest to 76fj40. The language upon which this requirement is based was added to the Small Business Act in 2016. (12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if– (i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or (ii) The Offeror used the small business concern’s pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract. (13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.
  10. Have you checked to see if a teaming agreement is considered a contract in your state?
  11. 76fj40, I think you are going to be spitting into the wind on this. Contractors have an obligation to comply with the terms of their contracts. If there are any consequences to a contractor for failing to comply with a subcontracting plan that is incorporated into a contract, those consequences would generally be stated in the prime contract particularly FAR 52.219-9. The current clause has a date of January 2017. I suggest that you read that clause and try to gain an understanding of what it requires of primes.
  12. This is an extract from the SBIR Policy Statement put out by the SBA. American-Made Equipment and Products. Congress intends that the awardee of a funding agreement under the SBIR Program should, when purchasing any equipment or a product with funds provided through the funding agreement, purchase only American-made equipment and products, to the extent possible, in keeping with the overall purposes of this program. Each SBIR agency must provide to each awardee a notice of this requirement. Notice the last sentence. Check your award to see what it says in this regard.
  13. Are you with a DoD component? Is the contract an SBIR contract?
  14. Retreadfed

    DAU Matrix

    Boston, have you looked at FAR 52.244-6? That should help you in regard to what clauses the prime is contractually obligated to include in subcontracts for commercial items.
  15. Retreadfed

    FAR 15.408 Deviation - re: 52.215-12

    Beantown, look at 10 U.S.C. 2306a(a)(1)(C). That might help. The same language is in title 41 relating to civilian agencies. Various agencies have issued class deviations to the FAR addressing this issue. Check to see if the agency involved with the contract has issued a class deviation.