Retreadfed
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Posts posted by Retreadfed
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53 minutes ago, joel hoffman said:
However, costs to pursue a claim are not allowable.
But might be recoverable under the Equal Access to Justice Act.
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2 hours ago, tjsmith1957 said:
the Prime Contractor has asked us if we are tax exempt and we are not.
Exempt from what taxes?
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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.
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14 hours ago, Neil Roberts said:
What contractual cause has been identified for a T4C?
FAR 52.212-4
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You need to be more specific as to what the basis for dismissal is. What you consider a minor and non-substantial error, might in fact be a valid basis for dismissal.
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On 10/15/2023 at 8:12 AM, joel hoffman said:
Since it is CPFF, 31.205-46 Travel costs is applicable,
The point being, the JTR may not apply at all.
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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.
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2 hours ago, ReadTheContract848 said:
"Housing and other logistical support will be provided by the Gov't in support of deployments in accordance with CCMD guidelines."
Where will the "deployments" be? What do the "CCMD guidelines" say about this?
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Is FAR 52.212-4 in the PO?
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If FAR 52.216-16 is in the contract, see paragraph (f).
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2 hours ago, joel hoffman said:
I will add that the word “immediately” is often a bit Utopian
Several years ago, DoD attempted to define commonly used but vague terms. In the draft of the guidance, DoD defined immediately as within the next 180 days. The guidance was never issued.
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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.
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and if it is government provided contract financing, what kind of financing?
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32 minutes ago, joel hoffman said:
How does one text first on a land line?
Many people do not have landlines at home. With so many people working from home, landlines are frequently not available.
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16 hours ago, joel hoffman said:
It has recently been extremely difficult to get many people to answer a live call! They seem to prefer text messages…
This may be a symptom of a change in society as a whole. Texting seems to be the preferred method of communication among younger people today.
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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.
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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.
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Fob, you mentioned a "commercial contract." Are you talking about a government contract for commercial products/services? If so, is FAR 52.212-4 in the contract? If 52.212-4 is in the contract, why can't you use (c) and possibly (f) to solve your problem?
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20 minutes ago, govt2310 said:
What if a situation arises under which the agency needs to terminate?
What would be the nature of the termination, e.g., default, convenience, etc.? Does the documentation for the "contract" contain any language regarding termination? Finally, do you actually have a contract in place?
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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.
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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.
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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.
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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?
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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.
RFP innovation - moving from resumes to something else?
in Contract Award Process
Posted
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.