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Retreadfed

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Posts posted by Retreadfed

  1. On 10/17/2023 at 10:48 AM, goviegogo said:

    Our RFPs aren't cutting it. We keep getting contractors (especially admin support) who look great on paper but are completely unqualified when they walk through the door. Are there some innovative RFP/source selection strategies that weed out the contractors who advertise one thing but provide another?

    The responses to this post have tended to focus on source selection criteria primarily past performance.  That may be the issue, but have you looked at the description of the work you want done?  The problem may not be the source selection criteria, but the way you have identified what you want done.  If you are having systemic problems as you described, I would put my money on the description of the services to be provided instead of source selection criteria.

  2. 15 hours ago, joel hoffman said:

    But probably does to the extent referenced in the cost principle, which is applicable for cost reimbursement

    This all depends on where the travel will occur.  Note that 31.205-46 applies the 3 travel regs on a geographic basis.  Thus, even though the contract may have been issued by a DoD activity, that does not mean that all travel is subject to the JTR.

  3. 2 minutes ago, cdhames said:

    The vendor will not invoice for anything less than 100% of the contract amount.

    You mean that is what the vendor is telling you.  If you do a T4C and issue a final decision determining the amount due, the vendor then has to put up or shut up.  Being faced with the possibility of incurring significant litigation costs, he might change his mind.  Don't be afraid of threatened litigation.  That's part of the game.

  4. 33 minutes ago, 2FARGone said:

    Does anyone know if there is a specific regulation, law, case law, etc. that expressly prohibit a Contracting Officer signing a contract modification (or award) after the established period of performance start date?

    To the best of my knowledge, there is no such prohibition.  In my experience, it is not an uncommon practice.  I have a memory of one contract where a modification was executed more than a year after the effective date of the mod.

     

    35 minutes ago, 2FARGone said:

    Is there any substantial consequence from this happening?

    If certified cost or pricing data is required of the contractor, a question may arise as to what is the "as of" date for certification.  Also, if the cost principles apply to the contract, there can be an issue as to which version of the cost principles apply.  For example, concerning the contract mentioned above, there was a significant change in the cost principles between the effective date of the mod and the date the mod was executed.

  5. 15 hours ago, joel hoffman said:

    A prospective contractor has a DUTY to inquire about something that is patently open to more than one reasonable interpretation (a “patent ambiguity”).

    And the government has a duty to respond to such an inquiry.  If there is an ambiguity that is brought to the government's attention and the government does not respond adequately and timely the contractor's reasonable interpretation of the contract will prevail.  The fact that the time for asking questions may have passed does not relieve the government of this duty.

  6. 22 hours ago, NewToGovCon said:

    Should we, as the prime, request the subcontractor not include travel in their proposal back to us since a travel figure is already provided by the government to us?

    Does the RFP say anything about subcontractor travel?  Does the RFP indicate that subcontractor travel costs are covered by the place holder amount stated in the RFP?  If the RFP does not indicate that subcontractor travel costs are covered by the place holder amount, I think that you do not have to require subs not to include travel in their proposals.

    22 hours ago, NewToGovCon said:

    If travel should be included by subcontractor, I’m not entirely sure where to place the travel dollars in their proposal within ours.

    Are you showing subcontractor costs in your proposal?  If so are they included in CLINs other than the travel CLIN?  Travel costs incurred by a sub are a cost of providing whatever you are delivering to the government.  If the RFP does not require subcontractor travel costs to be included in the travel CLIN, why not put all subcontractor costs in the FFP CLINs?  If you do this, I would try to make the subcontracts FFP.

  7. 26 minutes ago, Fair and Reasonable said:

    Does our set fee also apply to the subcontractor when they submit their T&M rates to us?

    Generally not.  Subcontractor fee/profit is a cost to the prime contractor.  However, I have seen some contracts, particularly those awarded by Navy activities, where subcontractor fee is to come out of prime contractor fee.  The clauses that require this are local clauses and are not from the FAR or DFARS.  Therefore, read your contract to see if it says anything about subcontractor fee/profit.

    As an aside, fee is not a consideration in regard to T&M labor rates. Those rates contain a profit element that is a part of the overall hourly labor rate.

  8. 2 hours ago, tranceaddict said:

    It is incrementally funded and includes 52.232-22, Limitation of Funds.

    Compare the notice requirements in the language you quoted and those in 52.232-22.  The language you quoted seems more appropriate for a fully funded contract.  Also, in my opinion, 52.232-20 should be in the contract to cover the contract when it becomes fully funded.

  9. 2 hours ago, tranceaddict said:

    Thank you - that is what i was thinking.  Yes requirements as in work the contractor has to do.

    Note that if the work the contractor is to do is reduced either through a change order or partial convenience termination, an equitable adjustment may be in order.  Read the Changes clause and T4C clause that is in your contract.

  10. 2 hours ago, tranceaddict said:

    "The Contractor shall notify the Contracting Officer in writing when the Contractor has reason to believe that the total cost for performance of this contract, or any individual task order, exclusive of any fee, will be either 10% greater or less than the total estimated cost stated in this contract or in the task order.

    Does the contract contain FAR 52.232-20?  If so, how do you reconcile that clause with what is quoted above?  Is the quoted language from a deviation to the FAR?

  11. 2 hours ago, tranceaddict said:

    "If the estimated requirements decrease or increases more than 10%, the Government reserves the right to renegotiate the Cost-Plus-Fixed-Fee value." 

    What do you mean by "requirements"?  To me, that refers to the work the contractor is to do.  Therefore, a change in the work the contractor is required to do could be implemented by a deductive change order or a partial termination.  

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