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  1. In the absence of a specific solicitation requiring one to, does ‘relevant commentary’ suggestions, and the GAO’s reasoning where some interpretations could require contractors to notify an agency of a material change, equate to.. contractors must do so?
  2. As a contractor in this situation I think it’s important to evaluate things beyond just the terms and conditions spectrum as well. Once you have cleared what you see to be the legal hurdles (solicitation language, FAR, contract) will your firms reputation still be in tact? Even if you’ve determined you’re not obligated to disclose a thing, how will your actions be perceived by the govt or others? There is a difference between substituting a key position where 1) you know your company has 5 more equally qualified replacements who wouldn’t skip a beat and 2) the one of a kind project lead that you’d be up a creek without a paddle looking to replace. If it were the latter and you knew the award depended on this person, even if you risk losing the business, it may be worth disclosing to the agency (if you still had the chance to). If you didn’t and you can’t deliver you likely just cost yourself a customer. If it were the former you can probably sleep well at night knowing that you can still staff a high performing individual at a key position (and one that the govt won’t freak that you’re replacing). This might not good advice but it was what I thought about after having cleared contractual obligations
  3. I faced this same scenario where our folks identified as key personnel in a proposal had moved on by the time our award rolled around. Our staffing matrix and qualifications for key personnel held significant weight in the technical evaluation too. At the time I searched for anything in the solicitation or otherwise that forced a contractor to disclose they’d left and ultimately I did not find anything that required this disclosure. With the eval criteria you could argue there should have been. Knowing that a disclosure of this change to the agency could have thrown our tech evaluation upsidedown, albeit completely unintentional, it wasn’t worth the risk of disclosing prior to a fully executed contract. We abided by the key personnel clause in the award and no one got too bent out of shape. But it was a balance to not appear a bait and switch was going on (which if intentional would be a much different situation). The adage better to ask for forgiveness than permission did cross through my mind once or twice
  4. DCAA Audit Backlog

    I should add that was after the submissions themselves, before anyone touched them, sat in a queue somewhere for 18 months.
  5. DCAA Audit Backlog

    We just went through several years worth of ICS audits. This was through a private consultancy working on behalf of dcaa. Took about 45 days for us to correct initial deficiencies in our proposals and for them to be deemed adequate. What retread said is right on. No stone is left unturned. The business systems check was pretty rigorous and high, high volumes of backup support. Once our proposals were deemed adequate it was ten months. The idea of it taking three times as long via a dcaa audit could drive one insane
  6. So I've been providing ongoing support on incurred cost audits for my company. During their last big audit and before my time DCAA challenged and sought to disallow a substantial amount of ODCs that weren't supported with a formal vendor or subk agreement. Maybe disallow is the wrong word but these were direct project ODCs which were all billed and paid during contract performance. It seems they're taking the same stance with a current audit they're conducting. My question here is what sort of clause or manual requires ODCs to be supported with an agreement in order to be deemed allowable? I'm not talking about what I'd consider a true subcontractor where we'd execute a formal sow, payment schedule, flow downs, etc. That's obvious. We're talking about things I'd normally consider simply vendors or suppliers of ODCs. Maybe we asked them for a proposal, maybe they'd provide catalog pricing that fit our need, or whatever else. Like if you ordered 1,000 pens and pads of paper from Office Depot, say it cost $25k, would you go back to them to get some sort of additional documentation beyond simply processing and paying their invoice, then passing that along to the client as an allowable project cost (assuming it was)? Does anyone have experience with what i've probably not all that well explained here?
  7. Terminated with no formal notice?

    Thank you I should have thought of that Retreadfed, you're right on the money, FAR 52.212-4 is in our FSS contract which we've become familiar from another award. And this does speak directly to termination so I'll likely incorporate this into the memo Thanks for the response, Vern. That's right along the lines of what I was thinking. I imagine I'll run into some 'why do we need to do this' along the way so i appreciate your feedback.
  8. Our client (COR) indicated to our project team that our contract was essentially an initiative that for various reasons has been eliminated from their agency. Read, to me at least, terminated for convenience. No one at our company, in any capacity, has received a formal stop work notice or termination letter. These conversations were mostly handled over client calls, etc. where they indicated that we should be shutting everything down and no longer working (this was at least a month ago). The CO finally just last week put in writing that no additional work shall be performed under this contract. Is the government required to issue either a stop work or term notice if they want a contractor to stop working and shall we insist we receive one to cover us for any outstanding deliverables that we won't be able to deliver for this reason? We're about 3/4 of the way through the program which is a time and materials GSA task order. The task order has hardly any T&Cs in it. FAR 52.242-15 is in our master FSS agreement but I haven't seen any termination clauses. And the CO now wants us to send them a "final invoice". From a cost perspective, there's nothing we'd necessarily seek to recover as a result of the program going away (non cancellable commitments, subs, etc.). We're at a point where, if there's no more work, once we send them a final bill for labor hours from a month or two ago, we're done.
  9. performance based payment plan

    The more I read the language in the RFP the less I think they're actually expecting a performance based plan (PBP) as described in FAR 32.10. They want a performance based payment schedule. None of the aforementioned PBP clauses are included. And no mention of contract financing. Can you have a performance based payment schedule, but not as a means of contract financing (an actual PBP)? It's our fault that we're guessing and there's no time for clarifications.
  10. performance based payment plan

    Nope, we didn't
  11. performance based payment plan

    Help that is exactly what i am saying. it says to "as this is a performance based acquisition, the contractor is required to propose a performance based payment schedule based upon tasks completed, submission of approved deliverables and task order milestones achieved within each period." PBP is not called for in the underlying agreement and there is no more mention of it in the rfp.
  12. performance based payment plan

    Help, just curious. Does the absence of a formal FAR prescription or FAR 52.232-28, Invitation to Propose Performance-Based Payments change your mind at all? All it says it pretty much provide a PBP plan based upon tasks completed, submission of approved deliverables and task order milestones achieve in the contract period. There's no other information and no one asked any questions because that would have made too much sense. I'm not saying that I would, but you could argue a traditional milestone schedule may still be considered a performance based payment plan?
  13. performance based payment plan

    Thank you all and my apologies Vern. I did have some but not all of your citations/research. What you provided was extremely helpful. I never did find that simple example though. If I build the PBP to 90% of the value what happens to and how is the remaining 10% administered?
  14. performance based payment plan

    Thanks for this information. Help sorry if it seemed as if I had done no research on my own. I do consider myself competent with Google and I probably dug up most of what Vern provided before I posted. I must be, as Vern noted, making it more complicated than it is. Which might be because if you go to the DOD PBP tool it quickly becomes more complex than just traditional milestone billing. Showing estimated expenditure timeline, etc. Don the solicitation does not contain FAR 52.232-28, Invitation to Propose Performance-Based Payments. It pretty much just says offerors must propose a PBP based upon tasks completed, submission of approved deliverables and task order milestones achieve in the contract period. It's going to be a hybrid contract with FFP and T&M line items. So I think we're going to keep it as simple as possible and it sounds like since there are no specific guidelines we won't sweat over a specific format.
  15. A PBP plan is required for an upcoming proposal. I'm actively researching some of the requirements but I've never done one and neither has my company. One thing I haven't been able to find online is a simple example. Can anyone share any best practices or where I may find a guide to create one?