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Everything posted by Retreadfed

  1. Did you consider redoing your sole source justification to address DCMA's objections?
  2. In addition, no further consideration may be required for a modification because the modification may be supported by previous consideration. Think exercise of an option or the issuance of a unilateral change order.
  3. Is the award for a single IDIQ or a multiple award IDIQ?
  4. For what purpose is the table incorporated into the order? Is compliance with the table a requirement of the order or is the table included for informational purposes?
  5. I don't think anyone here can answer that question without seeing the contract.
  6. I think the reference is to the notice from the contractor required by 52.232-22(c).
  7. This is how FAR 42.701 defines billing rate. Billing rate, as used in this subpart, means an indirect cost rate- (1) Established temporarily for interim reimbursement of incurred indirect costs; and (2) Adjusted as necessary pending establishment of final indirect cost rates. This same definition applies to "billing rate" as used in FAR 52.216-7. In light of this definition, why do you say the billing rate usually includes the cost of direct labor?
  8. This conflates two separate concepts - whether the cost proposed for the labor proposed is realistic and whether the labor proposed is realistic for the work to be performed. In regard to the former, payroll data can form a good baseline for realism, but need not necessarily be dispositive. For example, if the contractor's workforce is covered by a CBA, the CBA may provide for future wage increases that would need to be considered in a cost realism analysis. This analysis does not answer the question of whether the labor proposed (for example labor categories and hours) is realistic for the work proposed.
  9. Audit risk of what? Are you concerned about your costs being audited or are you concerned about the government being audited?
  10. Need, can you reconcile these two statements?
  11. What do you mean by "billing rate"? It seems you are using this term other than it is defined in FAR 42.701.
  12. You still have not told us why you need this information. Is it to price an action or are you asking to determine what to bill the government on an interim voucher or is it for some other reason?
  13. Protest assertion "the decision not to set aside the procurement for small business concerns was an abuse of discretion."
  14. Here is what FAR 52.232-20(d)(2) says "Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the estimated cost specified in the Schedule, until the Contracting Officer (i) notifies the Contractor in writing that the estimated cost has been increased and (ii) provides a revised estimated total cost of performing this contract. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule." We don't know how this language applies to the contract in question because we do not have the contract. However, it raises questions as to the rights and obligations of the parties based upon the limited facts we have.
  15. This raises the question of what impact paying the higher rates for OY 2 for orders issued in OY 1 has on the estimated cost of the order. In this regard, the Limitation of Cost clause (FAR 52.232-20) applies to each individual order as well as the contract as a whole. Thus, if paying the higher rates will result in an overrun on an order, the government may be justified in not paying the increased costs.
  16. Tamika, are any of the labor categories subject to the SCA? Is FAR 52.216-7 in the contract?
  17. See FAR 52.232-22(c) and (f)(2).
  18. Vern pointed you to a GAO decision on this matter. However, you also have to consider what response you would make if the contractor asserted a claim for additional money if you exercise the option. Therefore, you need to research board and court decisions concerning the -8 clause.
  19. No, a BPA is a mechanism by which agencies can issue task or delivery orders. No supplies or services are acquired by the execution of a BPA.
  20. What would be modified, the BPA or the contract? If the BPA, why would consideration be needed if the BPA is not a contract?
  21. What do you mean by this sentence? Do you believe that work is only done under a T&M contract pursuant to orders issued by the government?
  22. Just out of curiosity, and potential irony, will the contracting officer be working remotely after March 31, 2022?
  23. Is it a part of the contract by operation of the Christian Doctrine?
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