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About viequesboy

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  1. This is so complex to write it all. It will be nice if someone would be willing to give me a call to discuss. If so, send me an email notice to .........@........ Thanks, ------------------------ Please contact this poster through the private message feature and request his e-mail address.
  2. Background: I manage a DoD PBSC; FPAF for the Base Support and CPAF for the Range support. The award was made on xx number of PWS (Grounds, communication, Public Work, Radar support, etc ) and not based on number of hours. Additionally, we separately price Contract Task Order (CTOs), based on a separate PWS. We use our FPAF and CPAF staff to support the CTOs Issue: We recently was challenged by the KO not allowing us to use our bid rate for Exempt Employees on these CTOs. However, I explain that he needs to charge where he works. The KO then agree only if we propose with the adjusted hourly rate since my guy works more than 40 hrs per week on this home annex scope. I read FAR 37.115 and FAR 52.237-10 and the new paragraph (d) to 37.115-2 and I am confused. 1st - This contract did incorporate FAR 52.237-10 but it WAS NOT awarded on the basis of the number of hours to be provided. 2nd - We have separate PWS for the basic contract and separate PWS for the CTOs. If I have an Exempt employee that works more than 40 hours in support of his home annex and his hourly rate is adjusted, do I have to use that adjusted hourly rate for all proposals even if the work is in support of a second contract? Although the revised clause requires the contractor to apply the adjusted hourly rate to all proposed hours, I disagree that this applies to my contract since the award was not based on the number of hours to be provided but rather on a scope/position and not a body. We are compliant and record all the hours worked, if I need to propose the adjusted hourly rate, how should I manage / use such when the adjusted hourly rate will change for all future proposal/CTOs. Question: Am I required to provide the Govt the hourly rate adjustment from one individual that supports two contracts with the same DoD Customer? thanks,
  3. If a modified wage determination is posted in DoL after the exercise of the option year or after the issuance of a Task Order on the basic contract, is the contracting officer required or not required to incorporate via contract mod the latest wage determination. Trying to keep it simple. Thanks for the advise.
  4. Situation: Currently managing an IDIQ contract for Base Operation support. The contract as a separate IDIQ CLIN for Task Order. The Navy is issuing a Task Order this month with the current DB wage determination but the actual labor will not start until Oct 2014. The award was issued this FY for the ordering of long lead ODC/materials. - We added a condition in our proposal stating that if DoL modifies the current wage determination we are entitled to an adjustment. The contract type is FFP. - Navy said that in conversation with DoL, since this is a FFP contract they are not allowed to update the modified wage determination, if one is issued in FY 15. - Here is where I am struggling: FAR 22.404-6(c )(3) states is an effective wage modification is received by the CO, after award (that will be the case here), that the CO shall follow 22.404-6(B )(5). FAR 22.404-6(B )(5) states that if received after award the CO shall modify the contract to incorporate the wage determination retroactive. However, FAR 22.404-12(B ) if contract with option, the CO the wage determination incorporated into the contract at the exercise of the option - the WD will be effective for the complete period of performance. Additionally, DoL website state that once awarded the modification can not be incorporate. One final reference, DoL Memorandum No. 157, clarifies the application of Davis Bacon. Sorry for the long winded, but is the CO authorized not to change the Task Order even if when the option is exercised and a new wage determination is incorporated (modified). Thanks for the guidance.
  5. Here are the answers: Yes, we have a single fleet contract with both contract types. The requirements are clear to support ROS as CR and BOS as FP. With the understanding that non-fleet support will be supported and funded via a separate CLIN (CR/FP) for IDIQ work. As an example, we provide plumbing services as a fixed price service to the fleet. A non-fleet customer will provide a new separate requirement for plumbing. I have already used my primary plumber for 40 hrs, why can he not support after hours and charge to that non-fleet customer.
  6. As a contractor, i have a FPAF and CPAF contract with the Navy for BOS/ROS support (paid by Fleet - performanced based). Additionally, have IDIQ FPAF and CPAF for task orders driven by non-fleet customers for testing and training. These requirements are not part of the base contract. The challenge is using my FP staff to support the task orders. I want to use FP staffing to support the non-fleet task orders and the Navy is stating this is not allowed. The Navy should only care that I deliver the basic contracts requirements as we stated, with one individual or 200, its fixed priced. I am trying to tell them that we can and they said we can not. Looking for some reference reading material to get smarter or to share with the Navy. Please help.
  7. Thanks for the information and after reading FAR 14.403-1 (c ) (1) Standards for exceptions from certified cost or pricing data requirements -- Adequate price competition: If the procurement was full and open competition with adequate price competition and the CO had no other reasons to request a Certificate of Current, Cost or Pricing data at the Prime level, then Subcontractor B has no grounds to request a Certificate from Subcontractor C. Do we concur?
  8. Vern, thanks for the information. I was cleared with your answer. I was confused with the Whynot response. Thanks.
  9. Whynot, thanks. I think you meant part 15 and not part 14. Since Government PNM is for Official Use Only we have no access to how they documented the negotiations. A key factor here to consider too is that Subcontractor B has already certified to the Prime and any underrun from our Company can be consider 1) additional profit or 2) disclose it to Subcontractor B and now they get the profit. I understand the Cert process, the disclosure, the document document document, but this is very unique. It is almost an Ethical situation too. Let us disclose it and if Subcontractor B elects not to disclose it to the Prime and request a price adjustment, then it is up to them. Thoughts!!
  10. As a Government contractor, at times, we have new science and technical approaches we will like to share with the Government. At times, we have executed Non-Disclosure Agreements (NDAs) between the Government and my company. Recently, our NDA staffer stated the following: "When I was working on an NDA with a Navy organization, we were advised that under 18 USC Sec 1905 ? Government employees are prohibited from disclosing company proprietary information provided such information is marked as proprietary and qualifies as proprietary. Therefore, I was advised there is no reason for any Government employee to sign an NDA." This is new to me; however, it does make sense but how many Government employee can site you the USC and are aware of their responsibilities. Just trying to get your feedback. Thanks.
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