jeff4757

Could I get some assistance on the drafting of a penalty clause which may or may not include Liquidated damages? I have not found any help on the web. Any assistance is appreciated. Thank you.

Thank you!!

I know many of you folks are highly skilled Government Contracts Professionals. If you were directed to give an in-house "primer" (presentation, seminar, etc) to Project Managers fairly new to contracts and Federal contracting,what bullet points would you stress in this "presentation." The overall goal is to familiarize the PM's to the process and what to look for in Government contracts. Any feedback greatly appreciated! Thank you.

Thank you so much! We thought the same thing re; the sub!

My firm is planning to award a SOW to a subcontractor. We will incrementally fund the subcontract but the total scope/award is $1.08mm The subcontractor is concerned with exceeding their CAS limit for the year. Is the CAS ceiling limit based on potential award OR the amount FUNDED?? Your feedback is appreciated. Thank you!

To InNeedofWisdom- your assumptions are correct. And no, we did not mention FEE in our FFP at all. In the BASE, The contract is a CPFF with fixed price cost elements and the Gov CS used the contracted percentages as a guide. Thanks to all

Folks, Our firm is a manufacturer of commercial items for DoD. In a FFP proposal, the Government is requesting a FEE REDUCTION against the subcontractor costs. Their position is that they are unable to obtain the sub's cost data and therefore wish to reduce the FEE our firm applies to the subcontract costs. Is there a FAR clause which may defend our position in keeping the FEE unchanged? Appreciate any feedback! Thank you,

Thank you for your prompt response!

Folks- Are SB, SDB required to submit cost & pricing data if they are providing commercial items? Any feedback appreciated.

Very much so sir! Thank you!!

Travel is under a T&M subcontract

A subcontractor is trying to secure a long-term stay In a hotel to support scope on a Government contract. The area he is to stay in is a high tourist area and availability is an issue-not to mention the hotel rate that exceeds the GSA per diem. Does the FAR speak to the process for reimbursement if you demonstrate that all means were utilized to try to secure lodging within the confines of the GSA per diem? Or is our company on the hook for delta in cost from the per diem to the actual rate charged? Any feed back is appreciated! Thank you!

Where in the PRIME contract does it outline the Flowdowns required to subcontractors. I realize 52.244-6 are required but do other clauses spell out the requirement? Thank you.

Our company has a CPFF completion type contract and have experienced a cost overrun. I understand under this type of contract that additional incurred costs are allowable-without FEE of course. Is there a specific clause that cites this allowance and is there a specific format to request reimbursement of these costs? Thank you for any feedback.

A company that our firm has used under a PRIME Government contract and provided Proprietary Information to has been purchased by a direct competitor of ours. The Government is basically saying it is not their problem. Is there any precedent or language we can use to protect our IP? Thank you for any feedback.

Thank you all for your valuable input!

Folks- Our company awarded a number of PO's for highly critical engineered components. A PO was issued and subsequently acknowledged by the supplier. NO exceptions taken to either delivery or T&C's. The supplier has missed initial delivery requirements, has provided revised dates and yet again has missed. Our firm has no clause for Liquidated Damages. Our firm wishes to issue a cure notice and incorporate a penalties clause for missing any additional delivery forecasts. Are we within our rights to do so? Your feedback is appreciated! JP

DoD sir! The question being: What clauses should be added to a commercial item contract to protect intellectual property? Thanks!

Boof- What clauses should be added to a commercial item contract to protect intellectual property? Our firm is trying to protect design and software code for manufactured items. Thank you!

Folks- Can you point me to the appropriate FAR clause that addresses Commercial Items and Intellectual Property? Many thanks!

Thank you all for your feedback! It was very helpful and assisted me in drafting a response.

Obsolete means the manufacturer is not building them anymore. The spec is re-written to identify the new part. There are engineering costs involved to accommodate the new part which increases the original cost of the part, provided to the Government on an FFP basis. Thanks!

The contract is a supply contract. The contract line is for engineering costs. This Clin is CPFF The supporting clins are providing back-fit kits and parts for our product on a FFP basis. The backfit kits designed by others. Our Engineering needs to modify it to work in our product.

A component that makes up a FFP CLIN has become obsolete. Our firm has provided a replacement part that requires "re-engineering" at a nominal cost. The Government has come back to our firm to say that the burden of risk rests with us on that CLIN for meeting the specifications as it is a FFP. Therefore the replacement part and subsequent engineering should come at no cost to the Government. The cost is nominal but our concern is the "precedent" it sets for more costly components that may become obsolete. Your comment and feedback is greatly appreciated! Thank you!

Thank you, Vern! As always, great guidance!