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ji20874

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Everything posted by ji20874

  1. The contracting officer doesn't have to make any decision -- he or she simply sends the timely size protest to the SBA. I think the answer is going to be the date of the original offer, not the date of the final proposal revision.
  2. Davis Bacon Wage Determination For Non Construction

    Really -- that's exactly where the answer will be found. There is no expectation that every contracting officer will contact the DOL for a determination for every acquisition. At least, FAR 22.402 is the starting point. If the original poster will read FAR 22.402, I think he or she will find the answer to the question. However, you are right that the AAMs do provide clarifications on a few hard-to-judge or esoteric situations.
  3. Davis Bacon Wage Determination For Non Construction

    I think you'll find your answer in FAR 22.400 and 22.402.
  4. Davis Bacon Wage Determination For Non Construction

    Are FAR 22.400 and 22.402 helpful to you?
  5. There may be some matters where the FAR and the SBA's regulations don't match precisely. However, for this matter, the FAR and the SBA's regulations agree -- see FAR 19.301-1(a). It seems to me that the date of representation and the date of the offer will usually be the same, because the representation occurs as part of the offer -- for example, see FAR 52.219-1(c)(1).
  6. They are not the same. Special standards of responsibility must be identified as such in a solicitation (FAR 9.104-2(a) requires this), rather than disguising them as evaluation factors.
  7. Project Manager - Count as Labor / Personnel?

    William, Are you in a situation where you meet the limitation on subcontracting only if you include project management, and don't meet it if you don't? I wonder if you're classifying a whole bunch of back-office or overhead workers as project management? If you're in a solicitation situation, you don't have much time -- you need to resolve this with your contracting officer before he or she eliminates you from the competition. If you're really talking about people who will contribute to contract performance, perhaps you might reply to the contracting officer with something such as, We consider the cost for the project manager [or the cost for Project Management staff] as part of the cost of personnel for contract performance. We are not aware of any policy or regulation that defines cost of personnel for contract performance as excluding the project manager [or the Project Management staff]. Can you share the basis for your assertion that the cost of the project manager [or the Project Management staff] cannot be included in the cost for personnel for contract performance? But be careful -- if this is a competitive acquisition, you need to know whether the Government's outreach to you is a matter of clarifications, communications, or discussions, as those terms are defined in FAR 15.306.
  8. That's what I'm thinking -- a prime contractor with a subcontractor holding 8(a) status is not reached by FAR 22.603 -- well, the prime contractor is reached, but the 8(a) subcontractor is not. In FAR 22.603, 8(a) subcontractor is included to make sure coverage reaches to an 8(a) contractor who holds a contract directly with the Government (whether a subcontract issued by the SBA, a tripartite contract, or a direct award).
  9. Buy American Act and Services

    If the contract includes the clause at FAR 52.225-3 or -5, then there is no traditional limitation on subcontracting (but the ITAR or NISPOM or something like that, or a homemade contract clause, could effectively limit subcontracting). So a YES answer will be good for the original poster, because it means there is no traditional limitation on subcontracting. A NO answer might suggest further inquiry into the question of whether work can be subcontracted. For example, the contract might not contain either clause because it is a set-aside -- if it is a set-aside, then a limitation on subcontracting will be built into the contract, and the proposed subcontract will have to fit within that limitation. But that's a second-level inquiry -- one step at a time. Don is right -- the identity of the proposed subcontractor as Irish is irrelevant, and the proposed location of the work in India is also irrelevant to the question of whether the work may be subcontracted -- these questions apply to prime contract awards subject to Trade Agreements, not to subcontracts. The question of whether the prime can issue the proposed subcontract is one of limitations on subcontracting, not Buy American/Trade Agreements.
  10. Zag, I'm curious -- I found and read the 1996 version of the Walsh-Healey clause -- it says nothing about flow-down, to 8(a) subcontractors or anyone else. Where are you finding the requirement to flow-down the FAR 52.222-20 clause to 8(a) subcontractors?
  11. CPFF LOE Calculations

    Maybe you don't have a LOE contract. If your contract calls for completion of specific tasks, and you satisfactorily complete them and meet all criteria in the statement of work, then you are entitled to 100% of the fixed fee. Your performance of the work at an actual cost less than the estimated cost should help towards an EXCEPTIONAL rating in CPARS for the Cost Control factor. You are entitled to 100% of the fixed fee if your CPFF contract is of the completion form (contractor calls for specific tasks or outcomes) rather than the LOE or term form (contract obligates the contractor to devote a specified level of effort for a stated time period). See FAR 16.306(d)(1) and (2). So, back to your original posting. In your contract, did you agree to and promise to provide a required LOE per contract year, or did you merely agree to an estimated LOE? Since we don't have your contract, I don't think anyone here can answer your question about fee entitlement without this answer.
  12. CPFF LOE Calculations

    You realize that your failure to provide the promised level of effort is a real failure, right? Unsatisfactory in CPARS and so forth? I'm not aware of a principle that says you get a percentage of the fixed fee based on the percentage of your promise that you deign to deliver. What if the contracting officer allows zero fee, and demands a return of fee already paid?
  13. Zag, The clause at FAR 52.222-20 now has the title "Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000" and a date of May 2014. This is still the same subject matter as Walks-HealyWalsh-Healey. Anyway, your contract has an old version of the clause, and the old version is applicable for the life of your contract (see FAR 1.108(d)), but one would have to know what FAR revision was in effect at the time of your contract to give you a definitive answer. But I wonder if FAR Subpart 22.6 has really changed all that much, other than the title? Nothing in the current clause or the current 22.6 requires a flow-down, to 8(a) contractors or anyone else. The prime contractor must ensure that subcontractors comply with the clause, but it can achieve that end by ways other than a flow-down. What are you looking at that requires a flow-down?
  14. Solicitation questions and answers

    lotus, There are no rules. A prospective offeror may ask a question about a solicitation at any time. However, the contracting officer is not required to answer any question.
  15. Buy American Act and Services

    Robert, The Irish firm is okay if your contract is subject to Trade Agreements. Does your contract include the clause at FAR 52.225-3 or -5?
  16. Robert, There is ambiguity in your words "insuring the vehicles against property damage." Are you asking about insurance to cover loss of or damage to Government property? Or are you asking about insurance to provide automobile liability insurance (bodily injury and property damage) covering the operation of automobiles used in connection with performing the contract? These are different, and your words don't make it easy to decide which. If you are asking about insurance to cover loss of or damage to Government property, the answers already given above tell you to consult FAR 28.303 and FAR 45.104. There, you will learn that the Government generally doesn't require such insurance from contractors, but that any particular contract may do so. We don't know what your contract says, so we can't give you a definitive answer -- except to say, read your contract. If you are asking about insurance to provide automobile liability insurance (bodily injury and property damage) covering the operation of automobiles used in connection with performing the contract, the answers already given above tell you to look in your contract for the clause at FAR 52.228-7, Insurance. We don't know what your contract says, so we can't give you a definitive answer -- except to say, read your contract. As for who should bear the cost, well, if the contract requires you to provide the insurance, then you have to bear the cost. But these will be reimbursable costs under your CPFF contract -- allowability of insurance costs is covered by FAR 31.205-19. And of course, I hope you come here only for general learning -- for any question specific to your contract, you need to direct the question to your contracting officer.
  17. Buy American Act and Services

    You're right -- correction made for future viewers...
  18. Buy American Act and Services

    Right -- a services contract subject to Trade Agreements may be awarded to a Delaware corporation wholly owned by Indians with 100% of the work intended be performed in India -- even though India is not a designated country. On the other hand, that same contract could not be awarded to company chartered in the Bahamas Argentina or Brazil wholly owned by Americans with 100% of the work intended to be performed by Americans. The only thing that matters is "the country in which the firm providing the services is established." By definition, a contract subject to Trade Agreements cannot have been awarded as any sort of a small business set-aside, so it will not have the limitations on subcontracting terms common to set-aside contracts.
  19. Robert, See FAR 45.104 and 28.303. And re-read your contract to see if it requires you to provide insurance against loss or damage to government property.
  20. I disagree. This coverage protects the owner/operator of the vehicle from liabilities to third parties. if the OP is asking about insuring against loss or damage to the Government Property (or CAP) generally, rather than automobiles specifically, the normal rules apply -- there is nothing special about an automobile in this regard. FAR 45.104 and 28.303 give guidance.
  21. You asked what is the proper way, and then you explained the facts of way it is done. Is there a problem with the facts you described?
  22. There is no conflict between those passages.
  23. Buy American Act and Services

    FAR Subpart 25.1 and Buy American apply to contracts for supplies, or contracts for services involving the furnishing of supplies. FAR Subpart 25.2 and Buy American apply to construction contracts. But it might be that FAR Subpart 25.4 and Trade Agreements will apply to the acquisition, instead of Buy American. You can read all about it in FAR Part 25.
  24. FAR Part 45 is the wrong place to look. Instead, see FAR Subpart 28.3, Insurance. Cost-reimbursement contracts ordinarily require contractors to to provide automobile liability insurance (bodily injury and property damage) covering the operation of all automobiles used in connection with performing the contract. Your CPFF contract should contain the clause at FAR 52.228-7, Insurance. Even if it doesn't, any contractor subject to Cost Accounting Standard 416 is required to obtain insurance for the perils to which the contractor is exposed. And even if a contractor isn't subject to CAS 416, it may still be required by law (outside the FAR) to provide insurance for certain types of perils and situations. All of this is explained in FAR Subpart 28.3, Insurance. Allowability of insurance costs is covered by FAR 31.205-19.
  25. Types of orders

    The word "calls" is used in FAR 4.1603(a)(3)(vi) and (viii) and also in FAR 4.606(a)(1)(iii). Generally, I think of the issuance of an order under an indefinite-delivery vehicle (as that term is defined in FAR 4.606(a)(1)(ii)) as being done by a contracting officer or purchasing agent on paper (OF Form 347 or DD Form 1155) with a funds citation, and I think of the issuance of a call under a Blanket Purchase Agreement (BPA) as a verbal purchase made by a person authorized (such as by FAR 13.303-3(a)(4)) with a single monthly invoice and payment for all purchases made during a month. However, I admit there is tremendous variation (even sloppiness) in the use of "call" and "order" among contracting practitioners. "Call order" is new for me.
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