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  1. Morning All! Had a question around use of labor categories in a BPA won as a GSA CTA. Let's say the CTA has 2 members, each with their own GSA schedule (same schedule for both). One firm has labor categories on it's schedule that the othe does not. During the bid process, BPA labor categories were created and mapped from each member's schedules. Ultimately then, the BPA includes labor categories that are not on one CTA member's schedule. If a task order released under the BPA dictates labor categories, and only one CTA member has those labor categories on their GSA schedule, could the other CTA member also use that labor category? If yes, how would that be reported to GSA (since it's not on their schedule)? If no, could one CTA member sub to another to use the labor category? Hope that was clear to follow, thanks in advance for any help!
  2. Thank you for the replies. Sorry should have included the following information: T&M task order We do not have an approved purchasing system. 52.244-2 is included in the solicitation No other mention of subcontracting elsewhere in the solication, other than the fact that you have to identify any subs being proposed.
  3. Good morning all, Was hoping you guys could help me with a question regarding a solicitation response. The instructions read in part that “Clearly identify all proposed subcontractors, teaming arrangements, or joint ventures in the response. Quoters shall fully comply with the consent to subcontract requirements of FAR Part 44.2. If quotes fail to comply with all requirements of FAR 44.2, the quote will be considered non-responsive…” Typically I've seen this requirement after a prime contract award has been made, so not exactly sure how we show we have complied with all the requirements in the quote itself? Are we expected to provide documentation to support compliance with FAR 44.2 in our proposal response (e.g. description of services, type of subk, price of subk, etc...) or just a notification of subcontractors proposed and an affirmative statement that we will comply with all requirements of FAR 44.2? Unfortunately the Q&A period has closed on this and the CO will not provide further guidance, so hoping the wisdom on this forum can help guide me on this. Thanks!
  4. We recently had an assistance visit from GSA, during which time the auditor flagged one of our contracts for overpayment. It is a FFP contract, base + 3, under a GSA schedule. The contract has a 3% escalation for each option year - unfortunately our GSA schedule has no escalation. We typically discount off our published rate but in this instance did not. Neither our contract nor our invoices contain any rate or hour information - we were simply funded a total FFP and invoice equal monthly installments. The only place that indicates any rate information is a cost buld-up found in the file (contract started 4 years ago and no one who worked on it is currently at the company), no indication that this was the final cost proposal submitted to the government. The contract CO or COR has never flagged and all invoices have been paid. A large portion of the work is being performed by a subcontractor. Based on the above, do we have an argument against the overcharge claim? We would be looking at paying back several hundred thousand dollars as we are in the last year of the contract. We do have a clause in our subcontract that would allow us to recoup any money repaid to the government, but I would assume the sub will fight us on it. A related question would be how difficult is it to mod our GSA schedule prior to any option period? Could we add a rate escalation clause and other labor categories in the middle of the contract? If so how long does that process typically take? And could any rate escalation be retroactively applied? Thank you for your help in advance, sorry if any of these are basic questions as I am new to contracting
  5. Thanks Joel. The TforC terms are fairly standard and favorable to the prime - right to terminate for any reason with 60 days notice. We would be compensated for work performed through the date of termination. I guess my real question is would there be anythign in the FAR that would offer some protection to prevent a large prime from terminating a small business sub where it can be demonstrated that the prime has impeded the sub's ability to perform and has not communicated any performance issues prior to termination?
  6. Hello all, was hoping to get some guidance from those more experienced on an issue I'm facing with my prime. We were recently notified of significant performance issues by the client. This caught us by surprise as we felt we were delivering as required under the contract and received no notice from our prime regarding any concerns regarding performance. After further investigations and conversations with our team and the prime, we discovered that the prime had in fact been advised of issues with work but never passed that information along. We were also not apprised of modifications to the contract directly related to deliverables we are responsible for, were instructed not to attend certain meetings (which lead to a lack of communication with the client), and had certain deliverables we submitted to the prime altered before it was sent to the client. Our subcontract has a blanket termination for convenience right for the prime. Given the situation, what protection if any would we have to guard against at T for C? If we were terminated what recourse would we have available? Thanks in advance!
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