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C Culham

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About C Culham

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  1. Let me add. Do not forget to consult the specific of your contract as well. By example if your contract is a Commercial Item Contract and FAR Clause 52.212-4 is in the contract as it is found in the FAR, in other words not tailored, you may have some responsibility as well as the erroneous payment language of paragraph (i)(5) of the clause..... " (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-...."
  2. Check out this reference that the below quote is from - https://www.dol.gov/agencies/whd/field-operations-handbook/Chapter-14#B14j02 Seems your "duty" (obligation as a contractor) is to pay or provide something no matter what the employee wants to do. "(b) Fringe benefit obligations may be discharged by furnishing any equivalent combination of cash or bona fide fringe benefits. See 29 CFR 4.170 and 29 CFR 4.177."
  3. Ah but are "we" sure. I stated the inclusive for a reason. I did not spend a couple of hours looking at FAR part 16 in detail to sort it out rather my comment is based on FAR 16.000 that seems to provide the permissive and is followed by detail of each contract type with imperative limitations. But as noted in part of this thread the imperative in some cases allows wiggle room.
  4. Educated guess. The powers to be are too afraid to step up and justify a Labor Hour approach so they shoe horn something into what it is not!
  5. Interesting suggestion that I would simply pose a couple of questions to. Is not ones ability to search out on an element of experience via market research of an existing pool of contractors in a SIN of GSA FSS contractors one and the same advisory down select? After all even if the OP only picks 3 or 4 firms off a SIN of say 200 contractors the other 190+ could send a quote if they found out could they not (ref. FAR 8.404)? I raise these questions in that a process conceived under FAR part 15 is applied to a selection process under GSA FSS which is in fact a "fair opportunity" process b
  6. Agreed. With no intent to complicate a Beginners Forum thread when such issues are raised I have always been intrigued by the views by "customers". By example I wonder if the same "customer" appreciates the micro purchase level for service and construction needs? And just for a history lesson this might further the interest of the OP and the "customer". https://www.dol.gov/general/aboutdol/history/dolorigabridge
  7. Thanks back at you. Yep as it goes sometimes it takes a deep dive to figure things out. Reference - https://www.sba.gov/contracting/government-contracting-programs/hubzone-program/frequently-asked-questions#:~:text=How does SBA define the,of 40 hours per month. "Who is Considered an Employee? How does SBA define the term "employee"? Employee means all individuals employed on a full-time, part-time, or other basis, so long as that individual works a minimum of 40 hours per month. This includes employees obtained from a temporary employee agency, leasing concern, or throu
  8. Vern, no definition but mentions. No you did not miss it. Yet the OP's question relates specifically to Limitations on Subcontracting by my read so I felt the clarifying language of 13 CFR 125.6 that relates to "What are the prime contractors limitations on subcontracting?" might help. If not so be it.
  9. 13 CFR 125.6 holds the answer to your question. And let me add bluntly read it ALL as paragraph (d)(3) holds the tidbit about 1099s! I would add that remember the limitation applies when the procurement is specifically set aside for SB or one of what I will call subcategories of SB such as SDVOSB. You will know if the limitation applies if the required limitation clause is in a specific solicitation that you might be interested in.
  10. First did you read other protests found on the WIFCON page I referenced? Clarity for you might be reached. Clearly I am anticipating that folks will pose similar thoughts to mince the decisions and the FAR to play the game any way one wants so let me offer something to Keep It Simple. Show and Tell the Program Office the Schedule to be used and the contractors on it in GSA's ELibrary. Next have Program Office research all by looking at their websites and other public facing information to determine who has experience at the level all think is appropriate. Next have the Program O
  11. Again let me state......READ FAR 8.4! Emphasis added! "(v) If estimated value of the BPA exceeds the simplified acquisition threshold. The ordering activity contracting officer- (A) Shall post the RFQ on e-Buy to afford all schedule contractors offering the required supplies or services under the appropriate multiple-award schedule an opportunity to submit a quote; or (B) Shall provide the RFQ, which includes the statement of work and evaluation criteria, to as many schedule contractors as practicable, consistent with market rese
  12. Look I will just say it one more time.....read FAR 8.4!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! http://www.wifcon.com/cgen/406692.pdf "1. Protester’s argument that its technically acceptable quotation was excluded from the competition without consideration of price in a best value acquisition for the establishment of blanket purchase agreements (BPA) under the Federal Supply Schedule (FSS) is sustained where Federal Acquisition Regulation subpart 8.4 requires that price be considered in establishing BPAs under the FSS, and where the record shows that the agency “down
  13. Your question does not contain enough info (like type of position, application of SCA or not, etc.) but being who I am I have a first reaction. It is specific to DOL since you raised it. If the positions are SCA covered then I do wonder about how the rates line up against a SCA Wage Determination through each of the contracts. Especially if, as provided by the SCA Directory of Occupations, work under each contract is the same. Further if it is not and something is being invented then there is the conformance requirements of a SCA Wage Determination (see below). Then there is lo
  14. First I have not studied the idea in detail to sort out all the issues but here is my gut reaction. Your idea does not seem consistent with FAR subpart 8.4. Simply stated I do not know why you want to immediately jump to how stuff is done outside the GSA FSS rules as a comparison. My quick read of the BPA rules at both the FAR and on GSA's website suggest you are creating something that looks like an other than a GSA FSS effort to establish the BPA's. More specifically it would seem that if you do proper market research of the GSA FSS contractors you do not need to do an experi
  15. I hope @Vern Edwardspost helped you on the difference. I do have to say that the difference stretches to "how you tell them to invoice" as well. Specifically I suggest a close read of the payment clauses. As it does not appear that you have settled on commercial item or not (or least it is not stated in this thread) make sure you read the clauses that apply either out of FAR Part 32 or FAR Part 12.
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