Jump to content

HoosierDaddy

Members
  • Posts

    3
  • Joined

  • Last visited

Reputation

0 Neutral
  1. Vern, Thanks for the advice - which make sense. I've ordered the book. I assume that I should continue to perform 'TINA sweeps' of my cost data and update my offer accordingly until I reach agreement with the Prime. Is there ever a need for me to provide these additional data updates to the U.S. Govt? (Some of my rates have dropped & my price is coming down.)
  2. About 10 years ago, our prime contractor awarded us subcontract under FAR Part 12 terms to provide a modified commercial product. The subcontract included a boilerplate provision that says that any designs that are developed under the contract and fully funded by the prime will be owned by the prime. The prime is now asserting that, on the basis of that provision, it owns the designs associated with those modifications (as well as all subsequently developed derivatives). Since the mods were clearly funded with U.S. Govt money that was awarded under the prime contract, we feel that the pirme made no investment in the mods and we are therefore disputing the prime's claim to ownership. Are we correct in this stance? I know that here are good words in the DFAR non-commercial data rights clause that prohibit a prime from exploiting a subcontractor in this way, but I've not found any FAR passage or guidance document that addresses this issue in commerical item contracts.
  3. I am confused by the dating requirements on the certificate of current cost & pricing data. The prime contractor asked informally if my subcontract data was current before he entered into negotiations last July. It was. The prime contract was settled and awarded in Sept. Now, iseven months later, the prime wants to settle and award my subcontract and wants me to certify that my previously submitted data is TINA compliant as of now. I cannot do so, since my rates and other factors have changed. I'm thinking that TINA is intended to protect the Government from misrepresentation by the prime and the prime's entire supply chain. So , it seems to me that I should be certifying as of the date that the Government reached agreement with the prime. Is this wrong? If it is wrong and I need to process another proposal update, should I copy the Government on the updated proposal submission?
×
×
  • Create New...