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CMSHR

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  1. I recently had the same question about the authority to exercise an Optional Task for service contracts. So, is the language "insert a clause substantially the same as the following" give you the authority to change a FAR clause and delete the sentence? Or do you have to submit a formal deviation to delete a sentence or information from a FAR clause?
  2. Thanks to the both of you for responding and the citation. I guess that is part of my question, since I have heard different views, is how far we as the Contracting agency need to go to determine that the offeror is complying with the clause before award. Since I have quantities in the solicitation, I am thinking that we could at least get a rough idea with that and also include something about the offering needing to state they comply with the clause.
  3. I am seeking additional guidance on how to apply 52.219-14, Limitations on Subcontracting for a commercial services solicitation. A solicitation was posted for commercial services and we included the FAR Clause 52.219-14 as it is a total small business set aside over $150,000. However, during the Q&A phase we are being questioned on the clause as this will be a fixed price per unit type contract. So, my question is, if it is a fixed price per unit and we are not receiving a breakout of their fixed price per unit cost, how do you determine if a prime contractor is meeting the goal? Do you look at bottom line costs for each task or do you have to have them provide a breakout of what the fixed unit is made up of, so you can see the labor? But doesn't looking about cost elements defeat commercial pricing?
  4. I am reviewing proposals received in response to a cost reimbursement solicitation that is subject to the Service Contract Act. I did not include the clause 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Year Contracts) since the contract is not expected to be fixed-price, time-and-materials or labor hour. However, all offerors have excluded escalation on their labor rates I expect because they believe that 52.222-43 applies (even though it is not in the solicitation). My assertion is that the clause does not apply and that they should propose escalation. Am I incorrect?
  5. I agree, that it would be nice for DCAA to have variations of audits based on the contract type; however, I was told that by our Cost/Price Auditors that they don't do that. I am still at a loss because I have a report that states they are in-adequate and without being an auditor myself, I cannot make the determination if their accounting data is adequate for T&M. That is why I am struggling because, I don't want to determine a contractor un-responsible for a T&M task order, if in reality they have adequate accounting data for T&M; however, the DCAA report just states they are in-adequate since it is a one size fits all report.
  6. However, FAR 16.104(i), Adequacy of the contractor's accounting system, states, before agreeing on a contract type other than firm fixed price, the contracting officer shall ensure that the contractor's accounting system will permit timely development of all necessary cost data iin the form required by the proposed contract type. When I see other than firm fixed price, I think T&M is included.
  7. Trying to find opinions on whether or not a contractor needs to have an adequate accounting system for a T&M task order under a commercial IDIQ contract. The solicitation was developed with FAR Parts of 12, 15, and task orders are being issued under Part 16. Background: The RFP stated that the contractors would have to have an adequate accounting system since T&M type task orders would potentially be awarded. Therefore, the offerors were required to have accounting system audits performed by DCAA. One of the contractors was deemed in-adequate; however, was still awarded an IDIQ with a statement made that they would only be eligible for firm fixed price task orders until their accounting system was deemed adequate. A follow up audit has been conducted by DCAA and again they are deemed in-adequate; however, with a note from DCAA that there is minimal risk to the government with one of their issues. After discussions with the contractor, one of the issues can be fixed; however, the other issue they are not going to fix, as they state does not pertain to them since they do not bid on cost reimbursement type work. This is the issue that DCAA has stated has minimal risk to the government. My question is: If the contractor is never going to have an adequate report from DCAA are they eligible for T&M type task orders under a commercial IDIQ? I always thought with all T&M’s they need an adequate accounting system no matter what (based on FAR-other than FFP needs adequate accounting system). Or is commercial handled differently? Or is it a Contracting Officers discretion?
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