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  1. What type of size standard (revenue or headcount) apply to the new business? Does the combined revenue or headcount of the new business and its affiliates exceed the NAICS code size assigned to a procurement that the new business wishes to bid on?
  2. The way I read the OP's question, there is no option to be exercised.
  3. Batman, have you read FAR 52.216-7(d)(4)-(6)? That might be helpful to you.
  4. Yes, and neither the old 52.222-17 nor the current 52,222-41 requires the predecessor contractor to identify which employees are in danger of losing their jobs because of the loss of the contract. All that the old contractor was required to do was to provide a list of employees ranked by seniority. That is still the case under 52.222-41. This is something the FAR Councils will need to address when they develop a clause to implement the XO.
  5. That doesn't say that the predecessor contractor must identify which employees will lose their jobs because of the change in contractors. The right of first refusal only applied to those employees.
  6. This was a flaw in the similar requirement that Pres. Obama imposed. While the successor contractor was required to give a hiring preference to qualified employees of the predecessor contractor who would lose their jobs because of the lost contract, I could find nothing that required the predecessor to provide a list of such names.
  7. Is there a clause in your contract that requires you to hire incumbent contractor employees?
  8. I assume that the alleged fraud resulting in the rates being higher than they would have been had no fraud occurred. If that is the case, you can be held criminally and/or civilly liable for any over payments the government made. This may not entail reopening your rates, but you will not be relieved of potential criminal and/or civil liability if the rates are not reopened and adjusted.
  9. LeighHar, how do you submit your request for payment of labor? Do you bill at an hourly rate, a daily rate or something else? How often do you submit your vouchers?
  10. Joel, DFARS 252.243-7000 is reserved. I don't see any reference to the cost principles in 252.243-7002. However, 252.243-7001 does seem to incorporate FAR 31.1.
  11. Wifwaf, you told us what is required. Do you know that the requirement was followed?
  12. Yes. If it is not a part of the contract, how is it binding on the contractor?
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