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Retreadfed

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Everything posted by Retreadfed

  1. This discussion has focused on techniques for determining if a price is fair and reasonable. My question is if you cannot define what fair and reasonable is, how do you know that you have it regardless of the techniques you apply? Is this something like Justice Stewart's explanation of pornography in that "I can't define it but I know it when I see it"?
  2. If that is what a fair and reasonable price is, what is all this arguing about? It seems as if folks here are looking for a "magic formula" to tell them what price is fair and reasonable., i.e., what they would be willing and able to pay for what they are buying. Also, nobody other than Vern has defined what it is that they are talking about. Is there a common understanding of what this term means in the FAR or are folks here making up their own definition as they go along without sharing that information?
  3. Can someone tell me what "fair and reasonable price means"?
  4. Retreadfed

    POP Extension

    Delayn, what is being acquired? If it is services, are the severable or non-severable?
  5. Retreadfed

    Small Business Participation Plans

    This appears to require more than coordination between two "plans." As you have mentioned, the DFARS does not require the submission of "utilization plans" only a statement of the extent to which small businesses will be utilized in performance of the contract. However, Don asserts that some components are including these statements in resulting contracts. As the quoted language indicates, if the contractor is required to provide a small business subcontracting plan, any small business concerns listed in the utilization statement "shall" be included in the subcontracting plan. Thus, there is mandatory overlap between the two in this circumstance. Further, I do not see anything in the DFARS that would prohibit a component from including the utilization statement in the subcontracting plan. It only says that the two are to be submitted separately. This inclusion may or may not be happening. I have to admit that I do not have insight into how these requirements are being implemented in practice.
  6. Retreadfed

    Small Business Participation Plans

    That may be. However, it is good for everyone to understand what the requirement is. This discussion brings up a good point. If a procurement is conducted using full and open competition and the winner is not a small business, and the "utilization plan" is included in the small business subcontracting plan, that large business only has to make a good faith effort to comply with the combined plan. On the other hand, if a small business wins and does not have to submit a small business subcontracting plan, the "utilization plan" could be incorporated into the contract without the good faith requirement. This seems potentially to place a heavier burden on small businesses than large businesses. To that extent, this would seem to have a significant impact on small business concerns. If this has been happening, I am somewhat surprised that small businesses and the SBA have not been howling.
  7. Retreadfed

    Small Business Participation Plans

    Carl, small businesses should not be required to submit a plan for a set aside procurement because the extent of small business utilization evaluation factor is only applicable to contracts that require the use of the clause at FAR 52.219-9. Thus, the factor would only come into play in full and open competitions.
  8. I tried going to the ASBCA website today and got an error message that it was unavailable. I am not searching from a .mil address. Is anyone else having trouble accessing the website?
  9. Retreadfed

    Data Rights under an SBIR contract

    Ownership of data is different from rights to use that same data. Note that under the FAR and DFARS, the government does not own data generated by a contractor. Instead, the government only gets specified rights in that data. Unless the contract states otherwise, the contractor continues to own data. As for ownership of data originated by a subcontractor, that is a matter between the prime and sub. I have seen subcontracts where the prime requires its subs to transfer ownership of data to the prime and other subcontracts where the prime does not require such transfer of ownership.
  10. Retreadfed

    Here we go again (maybe)

    Thanks. So was I, but I still get a certificate error for the DCAA site.
  11. Retreadfed

    Here we go again (maybe)

    Thanks. I got to the DCAA website but with a certificate error message.
  12. Retreadfed

    Stop Work / Protest

    Even if it is an agency level protest, it will probably cost more than $500 to pursue the protest. There must be more to this than is apparent from what we have been told.
  13. Inquiring, you should note that FAR 52.230-1 was adopted in total from the CASB rules. This provision (not clause) is found in 9903.201-4 and is a part of the same regulations as is 9903.201-2. It shows the CASB's interpretation of CAS applicability discussed in 201-2.
  14. Retreadfed

    Stop Work / Protest

    A protest is generally based upon an allegation of government non-compliance with a procurement law or regulation. If you want to know the basis of the protest, ask the contracting officer for a copy.
  15. Retreadfed

    Multi-year Service Contracts?

    Notice that FAR Part 17 says it implements policies set forth in 10 U.S.C. 2306b. However, multiyear service contracts are described in 10 U.S.C. 2306c. Looking at what 2306c says multiyear service contracts can be used for have you inquired about DoD GOCO contracts, FFRDC contracts and DoE M&O contracts? They seem to possibly fit what you are looking for.
  16. Retreadfed

    Stop Work / Protest

    Read and comply with 52.233-3 and 52.242-15.
  17. Retreadfed

    Multi-year Service Contracts?

    Can you define what you mean by multi-year service contract?
  18. Retreadfed

    Stop Work / Protest

    Paris, also look at FAR 52.233-3. That should be part of your contract.
  19. Retreadfed

    Progress Payments

    H2H, before you go down that path, have you compared 32.503-6(g) with FAR 52.232-16(c)?
  20. CS, how does including language that says the "estimated" amount to be ordered each year cause any confusion? The "limit" in the contract is $10. Thus, if you exercise the -8 option, the option only permits you to place orders within the $10 limit. The $2 "estimate" as you describe it is not a "limit".
  21. Inquiring, take a look at the solicitation provision found at FAR 52.230-1, particularly Roman numeral II. I think that will provide you with an answer.
  22. Inquiring, for what it is worth, I agree with you. The rule specifically states that the requirement for full CAS coverage applies when the contractor received $50M in net CAS covered contracts in its preceding accounting period. Preceding means its last accounting period. It does not say that the contractor received $50M in net CAS covered contracts in any or a preceding period and one or more of those contracts is still active. That is reading too much into the plain language of the CAS rules.
  23. Inquiring, what is your interpretation? You gave two different interpretations in your original post that cannot be reconciled. As for this interpretation by the consultant, are you with an educational institution?
  24. 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.
  25. Retreadfed

    Multi-year Service Contracts?

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