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Michael11

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  1. thanks for everybody pushing the rock up that hill. I will moveon to reading some solicitations more closely.
  2. what I am talking about is the development of procurement proedures for an institute of higher education, a university, or a non profit as indicated in 2 CFR 200.318. It is also described in .319 and .320 describe specifically what methods of procurement must be followed. IN short, it says a covered entity should have procurement policies that sorta mimic the government's when it comes to soliciating subcontractors. don has aptly stated that this is a post award requirement and I am saying that it's rare that you haven't already picked your partner before your proposal goes to the government. i am looking for a way to reasonably select subcontractors that are included in a proposal when time does not permit a full and open competition. if you always selected/competed subs post award i am crystal clear. that is not my reality. I am missing something and my denseness is not by design. Im taking a rest from this and taking more time to research. appreciate the insights
  3. Don you make a really good point. I agree these regs are post award. But, in my experience, if you are including a subcontractor in your proposal, often times, not always, it’s because they are providing a technical qualification that you yourself may not possess. Maybe they have exceptional past performance doing xyz and you don’t. Maybe they have some highly qualified expert on their team. Wouldn’t the government be ticked if you included them in your bid, won, and then competed the subcontract post award and it had to go to someone else. If the government awards without discussions isn’t that sort of what you’re left with? Plus an unhappy teaming partner. If the proposal instructions say one thing and post award you have a different set of rules that seems like a problem. Pending a contract award the majority of subcontract awards I have seen were done deals with the prime proposal submission.
  4. Thanks Don. If you’re submitting a competitive proposal and you need to include your subcontract costs for example, maybe you need the partner for tech requirements also, how do you negotiate a price before the bid is submitted if you don’t compete it or solicit quotes. its often the case that the taming May indicate a general share of the Sow and as part of the government’s cost price analysis wouldn’t they want that performed before proposal submission. Post award doesn’t make a lot of sense to me
  5. Yes it does apply to primes under the new uniform guidace
  6. https://www.law.cornell.edu/cfr/text/2/200.320 200.320 section D1 says: (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from an adequate number of qualified sources; https://www.law.cornell.edu/cfr/text/2/200.318 https://www.law.cornell.edu/cfr/text/2/200.319 They seem straightforward especially when considering post award. But, preaward it seems unreasonable to comply competing everying subcontract over $250k.
  7. 2 CFR 318 - 320 sums it up pretty well
  8. Thanks Jamaal. This would seem applicable to contractors who have already secured an award in excess of the SAT. Same thing for the subcontractors which would again seem post award. What about as a prime responding to a competitive RFP (pre-award) where under uniform guidnce subcontract competition is required. Am I correct that this option to send to FBO would be excluded? If you decide to secure subcontract partners for your proposal, chances are you have executed a teaming agreement. It wouldn't make sense to compete it after the fact, so I'm curious how organizations grapple with publishing an RFP for a subcontract, evaluating the proposals, select a (potential) awardee should they win the contract, and perform a price/cost analysis all in the short time they have to respond to the RFP as a prime.
  9. Purchasing policy requires competition of subcontracts > $250K via formal advertising. What method of publication have companies found to be the best? Besides emailing RFPs to vendors, or publicizing the requirement on company website, is there another method? I have heard of companies using FBO as a publication for sub RFPs but I have not seen it done.
  10. Michael11

    Government won’t pay our (final) invoice

    That’s good foresight JI thanks. I can’t tell you for certain that we are entitled to payment. I’ve heard we are. And after all of the deliberations I have to trust the experts. I look forward to finding out once and for all
  11. Michael11

    Government won’t pay our (final) invoice

    Thanks for all of the great feedback. To clarify yes this is a contract. I will research the dispute clauses included in the contract and hopefully there is reprieve. Ji thanks for your opinion that a claim may not be adversarial. I’m sure that is what folks who are tasked with the client relations will want to hear if we decide to move forward with it. I hope we will. Joel I’m with you that a face to face would be effective. I think essentially that same course of action was already taken months and months ago over the phone and obviously whatever the outcome was wasn’t convincing enough for the government.
  12. Michael11

    Government won’t pay our (final) invoice

    Thanks Ji. Would you consider it a courtesy to give them one last chance to pay ie indicate our intention to file a claim.
  13. FFP agreement. There was some initial disagreement over whether all requirements of the contract had been met. Government and contractor deliberated and contractor offered reasonable accommodations to complete scope to the government’s liking all the while contractor maintained work, as written in the contract, was completed. Contractor patiently waited following submission of final invoice. Despite multiple pleas from contractor to COR for technical clarification if it was needed and emails from company leadership over several months to the CO it has been pure radio silence from the govt. Invoice is approaching one year old, staff has now turned over, and still nothing. Invoice was never formally rejected. What is a reasonable course of action at this point? Emails are not returned phone calls are not answered. Emails have been sent that tee up the situation to the government still nothing. Would is be reasonable to say one last time the situation, give the govt a 30-day deadline and then they will receive notice from an attorney? I cant say I’ve ever seen a situation quite like this and the more time that passes the less likely I see the contractors chances of collecting payment due without outside counsel or something of the like? Any ideas?
  14. In a case where you priced your bid with labor rates that include Industrial Funding Fee (IFF), and you invoice those same labor rates to your client, which would be your 'sales', in a T&M contract, you could take the entire value of the invoiced labor, times it by .0075 and that would be your IFF on labor. You could apply the same .0075 on any invoiced ODCs. Would this method be incorrect? Is there a better method? Someone has suggested that when an award is made to a price that included IFF on labor rates, the IFF portion is essentially not 'yours', and is reserved strictly for IFF. so they go through the trouble of tracking the contract value at the amount less the IFF. I'm guessing they do something similar to the above when it comes time to calculate the bill. This doesn't sound logical. Thinking about this always makes my head hurt. Is there more than one way to skin this cat?
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