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  1. Noting - our firm is not participating - it was something I ran across and found odd to be in a FFP area, and not on a COST CLIN only. Pages from M95494-19-R-0020.pdf
  2. @ji20874 - not that clause is not in the RFP.
  3. Just browsing my notification emails and on the 14th of May the Marines issued an RFP for their Marketing/Advertising services. I thought I'd take a quick read through it since they announced it would be a FFP Contract action. Come to find out, they want their core services FFP and then the travel and actual media buys as "actual" Cost Reimbursable (no fee) items. There are about 20-attachments to the RFP as exhibits, but I only opened the one excel that dealt with the "Cost/Price" submission. My question lies here. A FFP action for all services identified and they want the prospective contractors to submit labor type, rates, and hours to support their FFP cost. Reminder non of these services include the actual cost of travel or media. Why should a contractor on an FFP response, be required to give that breakdown of data? It does not seem to fit an FFP -- In a CPFF environment, it would apply or even a T&M, but not here - - or am i missing something. https://www.fbo.gov/index.php?id=0dc4e952679f8f8cb4f09bfa4a0b6855
  4. Late to the party it seems...but general thoughts @RFS2015 - Just because the FAR doesn't state something doesn't make it "illegal or impractical" - If there is an agreement between the Prime and Gov - in this scenario, I would just ask that the Prime provide you a copy of a written statement (or email) from the Gov CO that outlines the policy. If they are unwilling to give you that, then you need to weigh the risk (as you have stated above) of training cost vs your staff. Is the training beneficial, will it increase your staff quality, efficiency, potential to raise your rates to other contractors, potentially allowing a greater return on your investment (staff) in other areas? Note: I do not believe it would be illegal for you to have your staff sign an education agreement that states if they leave or are fired (for cause) within 1-year from training that they have to reimburse the training cost. I have worked at more than one company that had education requirements that required reimbursement of education costs and some were longer than a year, it all depended on the training.
  5. yeah, thinking it may relate more to how they manage HHS and all of its sub-departments under the big umbrella. Funding for them is annual appropriations, so I think the individual (non acquisition) is misinterpreting the terminology. (imagine that)
  6. Does anyone have a good definition or can briefly describe to me what it means to be in a federated funding environment? I believe this is how HHS and some other Agencies describe their environments, but I am under the assumption that it's not the normal annual appropriation. I'm really trying to find info to get a clear understanding of what that means and how it impacts their acquisition activity.
  7. I agree as well that HUBZones are all SB's but not necessarily SDB's - - per the HUBZone Empowerment (Public Law 105-135). The HUBZone Empowerment Contracting Program, which is included in the Small Business Reauthorization Act of 1997, stimulates economic development and creates jobs in urban and rural communities by providing contracting preferences to small businesses that are located in HUBZones and hire employees who live in HUBZones. https://www.sba.gov/sites/default/files/files/small_business.pdf To qualify as a HUBZone, a business must meet the following criteria: It must be a small business by SBA size standards;Its principal office must be located within a HUBZone, which includes lands on federally recognized Indian reservations;It must be owned and controlled by one or more U.S. citizens. Approved ownership can also be by a Community Development Corporation or Indian tribe; andAt least 35% of its employees must reside in a HUBZone.The SBA must certify small businesses that want to claim HUBZone status. HUBZone businesses are eligible to receive sole-source or set-aside contracts, or receive a price preference up to 10% when competing for full and open competition procurements.
  8. I would be interested if anyone saw this proposed rule when posted and commented as to it potential impact on the Prime and Subcontractor reporting needs. For one I think it lacks a defined definition of "services" and when I reviewed the CMRA website it would appear that subcontractors would have to have registered within SAM in order to report, which I think brings another issue into account as many "subs" don't want to be primes and as such do not wish to be registered in various government databases. https://www.federalregister.gov/articles/2014/06/05/2014-12810/defense-federal-acquisition-regulation-supplement-service-contract-reporting-dfars-case-2012-d051 Any thoughts on what this may do to the reporting burden of an already burdensome environment for contractors? For reference: CMRA website - https://afcmra.hqda.pentagon.mil
  9. In addition the reference to 18 U.S.C. 202 within 3.601-b " For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government..." there is no reference to any state or local government
  10. Have you presented your case to the CO for consideration of raising that specific labor rate? If not, why not?
  11. 3.601 (b For purposes of this subpart, special Government employees (as defined in 18 U.S.C. 202) performing services as experts, advisors, or consultants, or as members of advisory committees, are not considered Government employees unless— (1) The contract arises directly out of the individual’s activity as a special Government employee (2) In the individual’s capacity as a special Government employee, the individual is in a position to influence the award of the contract; or (3) Another conflict of interest is determined to exist. 18 U.S.C. 202 "definition" (a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594© of title 28. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member's home district or State shall be classified as a special Government employee. Notwithstanding section 29© and (d) 1 of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r© and (d)), a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms “officer or employee” and “special Government employee” as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces. ( For the purposes of sections 205 and 207 of this title, the term “official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action. © Except as otherwise provided in such sections, the terms “officer” and “employee” in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge. (d) The term “Member of Congress” in sections 204 and 207 means— (1) a United States Senator; and (2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.
  12. Concur with Joel - - Mayo - - as to "Fee pool" - - are you sure you don't have a Cost Plus Award Fee type of contract? There is not a "fee pool" in a CPFF contract action. If the action were to be a CPFF task/delivery order under an IDIQ/Requirements scenario, the "Fixed Fee" would also depend on LOE or Term scenario of the task order as to potential reduction as well, wouldn't it.
  13. I ran across this old blog from Apogee Consulting - - even quotes the great "Don Acquisition" concerning Fee Withholding and related rulings by the ASBCA http://apogeeconsulting.biz/index.php?option=com_content&view=article&id=583:what-is-the-contract-value-of-an-idiq-type-contract&catid=1:latest-news&Itemid=55
  14. What is your local NCMA chapter doing on a monthly basis? If they are giving training and your whole office is not going or does not belong to NCMA, then you could potentially get valuable materials from them to present.
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