Retreadfed

Contractor500, read FAR 52.244-2(j) and FAR 44.202-1(c).

Thanks, H2H.

H2H, who is the author of the quote you provided above?

Joel, FAR 31.201-1 states in part "The total cost, including standard costs properly adjusted for applicable variances, of a contract is the sum of the direct and indirect costs allocable to the contract, incurred or to be incurred." Does this have any impact on this statement?

Several years ago, DoD put out guidance saying CAS apply at the order level. It was a guidance memo not a part of the DFARS or PGI.

Not necessarily. With qui tam bounty hunters on the loose today, there is no guarantee that the information will not be released if a false claim qui tam action is initiated.

I was fully aware of this when I made my post and I stand by it.

What type of disclosure are you worried about? The Air Force may not be able to release some or all of your proposal because of 18 U.S.C. 1905. On the other hand, it may be required to release it under FOIA or if required pursuant to legal process such as a subpoena. Also, don't forget a demand for the proposal from congress.

Joel, maybe I am slow, but what do you mean by this? Are you saying that the subcontractor may submit invoices directly to the government?

As you have stated, the certification in this case is required by company policy, not a government contract or solicitation. Because I do not know what your company policy actually says, I cannot answer your question. However, remember, a certificate of current certified cost or pricing data, relates to cost or pricing data, not a proposed price. The fact that the sub's pricing did not change doesn't mean that the cost or pricing data did not change.

As you indicated, the statutory and FAR requirements for submission of certified cost or pricing data are not applicable in this circumstance. Instead, you are asking for the certificate of current cost or pricing data as a matter of policy (I presume that you did require the sub to submit such data). Because this is a matter of company policy, you can set the certification date at any date you want and can get away with from your subs. BTW if the FAR did apply, you and the sub would both be wrong. See, FAR 15.403-4(b)(2).

Have you asked for and received data other than certified cost or pricing data?

I do not have access to this clause, but in accordance with FAR 31.205-46 the travel you describe would be covered by the DSSR not the JTR.

I'm a little confused. You say the contract is an LOE contract, but you refer to updated software. Is the contract for services to update software or is it a contract for software where the software is a deliverable under the contract?

Guest, is there a CLIN for each labor category? If not what is the CLIN structure of the contract?

Guest, take a look at 31 U.S.C. 1342. That might provide you with some insight.

The author wrote "SBIR contracts that are less than $7.5 million will not be reviewed or audited by DCAA" without providing any support for that assertion. I can find no DCAA guidance that would support this statement. Further, it is DoD policy that DCAA will not review proposals for cost reimbursement contracts that have an anticipated value of less than $100M. Instead, DCMA is responsible for evaluating those proposals. Thus, DCAA normally would not review a proposal for an SBIR contract that is below $7.5M in any event. One of the most sensitive issues for DCAA is access to records. If DCAA is denied access to records by a contractor that asserts DCAA does not have a right to those records, that contractor may be in for a long fight and may have to contend with a DCAA subpoena that is enforceable by the Justice Department.

Carl, what is your definition of "contract action" in this context and what is the source of that definition?

What is your specific question?

I'm not sure what this means, but were you asked to price out the proposal for the order using FAR 52.216-31?

Which clause FAR 52.212-4 Alt I or 52.232-7 applies to your contract? Also, is the "contract" an order under a GSA schedule contract?

Under what authority could the government require the contractor to continue to work once the estimated cost of the contract has been reached?

Vern, thanks for the clarification.

That was my mistake.

If the total cost of lodging and M&IE does not exceed the total amount allowed by the appropriate regulation for those costs, the cost is considered reasonable. The cost principle does not apply the separate limits on lodging and M&IE to contractors, only the total daily amount.