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awayforward

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Everything posted by awayforward

  1. EEO-1

    Are prime contractors obligated to inform its subcontractors (via subcontract mods for example) to file their EEO-1 reports? Should we expect Agencies to modify prime contracts to address EEO-1 reporting requirements?
  2. EEO-1

    Thanks for the response. No, we are the prime and folks in our HR dept. and maybe "compliance" are indicating that we would have to issue sub mods to make them (the subs) aware of this EEO-1 reporting responsibility;However, I don't feel that Contracts has to be involved in this. The subs should be aware of the EEO responsibilities.
  3. Service Contract Act

    For the first time, my company has recently been requested in accordance with FAIR (FAR 4.1703) to report labor value in SAM.gov under various contracts that contain the Services Contract Act FAR clause. One IDIQ in particular contains the Services Contract Far clause, but there was never any Wage Determinations included in the IDIQ or task orders. The legacy administration of this contract does not reveal that anyone ever questioned why there were no WD's. The contract is for the provision of IT professional services, and there have been some high dollar task orders over the years under this IDIQ. I am inclined to make the CO aware that no WD's were ever included in the contract, to question him/her whether it was appropriate to have the SCA Far clause in the contract (almost 10 years ago) considering the nature of the services provided, and perhaps do a mod to remove the SCA. It seems odd that report our labor dollars in the system if no WD's were included or likely flowed down to any subs.? Again, this is a legacy contract with quite a bit of history, and we are trying to figure out the best path forward.
  4. Service Contract Act

    Ji, Sorry about dropping off. Yes, you are correct. the clause 52-204-15 was added via mod to the IDIQ. I now understand this reporting has nothing to do with the Service Contract Act 52.222-41 and the lack of Wage Determinations. Thank you for the clarification and insight.
  5. Past Performance

    If a solicitation states "Past performance information will not be considered for predecessor companies, proposed subcontractors or key personnel", does this mean if a proposing prime acquired company A and company B, the proposing prime cannot use company A &B's past performance? Why would the government exclude the past performance of subs. including newly acquired entities if it is relevant?
  6. We are a sub to a prime under a IDIQ prime. We were proposed as a sub. on a delivery order by the prime. We proposed T&M rates. We are working under a letter subcontract and are about sign the IDIQ sub and task order once the sub package is finalized. The prime is insisting on us completing a certificate of current cost and pricing data. Our Pricing manager is insisting we don't need to sign a certificate for a T&M task order. Who is correct?
  7. When a subcontractor notifies a prime of a change in ownership. What steps are required of the prime to the Govt? Is notice required? novation? or can we simply modified the approved sub to reflect the change in ownership? Do we have to get consent for the new owner/company?
  8. Retreadfed- You have everything wrong. The scenario is about to small business subs. under a prime, and what notification is required by the me regarding the assignment or novation of contracts of the 1 small business sub to another small business sub. I think the solid advice is to inform the CO as a courtesy even though it is not a requirement.
  9. I agree with advising the Contracting Officer of the scenario. At a minimum, some notice is required.
  10. Perhaps, I need to elaborate on this less than ideal situation. The change in ownership will likely involve a change in identity. Small company A performing under the IDIQ prime is a staffing company that only wants to concentrate on certain types of business (state and commercial). Company A would like to sell its federal side of the business to a separate and distinct small women owned company B that also has been approved to work under the same IDIQ prime. The principals of both companies are related but I don't think this matters, or does it (a rather typical SBA scenario?) Is the prime contractor obligated to inform the Govt that Company A sold its federal business to Company B (already approved as a subcontractor under the prime also?). Company A will remain as a corporate entity but not pursuing federal work. Clear as mud?
  11. Sounds like we would have to get consent for the new owner. Related question: what if a subcontractor requests the prime to consent to assign its sub to a 3rd party. Would we have to seek approval from the Govt to assign a sub?
  12. I never experienced this scenario before so I thought it I would run by the experts. Current Prime Contractor has a relative new IDIQ under which task orders are competed, Prime has a team of subcontractors (mainly small businesses). One of the small business team members has a prime contract also performing similar work (their prime was awarded as 8a set aside & is about to end). A task order RFP is issued under the current Prime contract, and it is for the work currently being performed by the small business sub. (i.e. the incumbent whose prime is ending in the near future). The small business logs a protest the with Government that their prime work shouldn't be competed under another prime vehicle (regardless, of whether they can potentially compete for it as a sub.). However, the subcontractor submits a bid as a sub to current prime while simultaneously protesting the RFP. Question: Doesn't it look bad for a prime if a subcontractor (team member) logs a protest? and submits a bid simultaneously ?. Does the sub have to do submit a protest through a prime or not? My thinking is if it is the small business' incumbency work, then they should have a pretty good chance of winning again as a sub. anyway. It seems like the Government contracts shop wouldn't hold this prime and sub in a very good light moving forward. Any thoughts?
  13. Subcontractor Protesting an RFP?

    Okay, thanks. I think complained to the SBA also.
  14. Our prime IDIQ contract has clause 52.244-2 including alt I, requiring consent for T&M subs exceeding simplied threshold. We (prime) do not have an approved puchasings system. The sub. we want to add at the task order level, will require consent. The sub has an approved purchasing system, so will we have to obtain consent for the subcontractors 2nd tier sub at the same time?
  15. My company was small (SDB) when their GSA schedule was awarded and now, for option period 3, they are a large busines. Does size at time of award continue to rule ?, and therefore, no subplan is required for Option 3 renewal?
  16. If Government Agency ABC is going to fulfill its IT requirements by using/soliciting small business GSA Schedule holders only, and my company is large business partner in a Joint Venture with a small 8a company, and the joint venture is considered small by the SBA, - does the JV have to have a GSA Schedule in order to participate in a GSA solicitation issued by Agency ABC? I don't think a JV can obtain a GSA schedule, can it ? -Does the small business partner in the JV have to have a GSA schedule in order for the JV to parcipate in the soliciation Agency ABC? -Can we as the large business partner of the JV use its GSA schedule to respond to the solicitation if the small business partner does not have a GSA schedule? Isn't it true that as a large business, it is not necessary to use the JV at all (if there isn't a need to), and it would be better to simply team with other small GSA schedule holders ( via CTAs) and sub to a small business GSA holder in order to obtain contract awards from Govt Agency ABC? Any thoughts, comments to the above scenario would be appreciated.
  17. SCA-General Question

    Can a exempt employee, work on an SCA -covered contract (in a WD labor category)? and what are the implications of them doing so ? Isn't it less complicated (cleaner) from an accounting standpoint if non-exempt workers/employees work on SCA covered contracts in the the appropriate WD labor categories ? (in other words, having company classifed non-exempt hourly workers only charge to the WD labor categories?)
  18. Can a GSA schedule holder allow a subcontrator that doesn't have a GSA schedule to use its GSA schedule and only charge the subcontact a "pass through" charge. Is this allowable ? The prime has little or no involvement in the proposed work. Are schedule holders around the beltway doing this more often than they should, and not realizing that it is bascially unacceptable and frowned upon? In a nutshell, we allowed a subcontractor who we know well and teamed with many times (and is the incumbent doing the work at an agency) an opportunity to use our GSA schedule for a specifc procurement designated for XYZ GSA schedule holders only. We simply marked up a nominal amount and in our proposal we were clear that the sub was doing the majority of the work and we the prime ?schedule holder considered it a pass-through. The CO's response is that a pass through erodes the integrity of the procurement process and is deemed unacceptable in that in circumvents the rules. I have worked at other companies that also allowed companies to use their schedule in a pass-through situaiton. Is this pass through practice deemed appropriate or not? and can companies be reported to the GAO for engaging in this practice? Please advise.
  19. GSA SCHEDULES, PASS THROUGHS TO SUB

    The schedule rates are discounted for the particular sub in question, as the sub's rate structure is below the schedule rates. Note-This is not the first time I see this particular situation around the beltway. Small business goes to large business/schedule holder stating we really would like to pursue this GSA schedule opportunity but don't have an xyz Schedule, can we use your schedule (prime) as a pass through. It doesn't really seem appropriate but it is done. In this present case, we didn't hide the fact that it was a pass through.
  20. GSA SCHEDULES, PASS THROUGHS TO SUB

    Okay. Understood. I did check and didn't see the limitations on pass through clauses in the FSS or the solicitation so the next move would be to ask the schedule ACO. Thank you again for the food for thought.
  21. GSA SCHEDULES, PASS THROUGHS TO SUB

    It appears these clauses apply to cost reimbursement type contracts. The procurement is off GSA Schedule and T&M is contemplated. T&M is technically a cost reimbursement type contract so the pass through limitations would still apply. Too bad that more thought did not go into the proposal process instead of knee jerk effort to assist a company that didn't have a GSA schedule.Lesson learned.
  22. We will be procuring communication equipment under a contract? Will the KO readily provide us sales tax exemption certificate so we are not charged sales tax by the vendor. It seems that one Specialist voiced she thought it was illegal to do so. Does this make any sense?
  23. I apologize if this question is redundant to some. Assuming we meet the requirement to report executive pay under FAR 52.204-10, and we are a privately held company, and a 1st tier sub. Do we not report our own executives' pay through FSRS and SAM ? Doesn't the prime only report that they awarded us a subcontract, and the various related information but but not the subs' actual Executives' pay ? As a sub , we DO NOT want to provide this information directly to the prime but we will gladly make it available and report it to the Govt. Please clarify.
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