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ERS

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About ERS

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  1. Thank you Joel. I always appreciate your patience and responses. Cheers!
  2. Correct. I wasn't clear if that wording included those types of supplies and services less than the simplified acquisition threshold that are not commercial items? Thank you,
  3. Yes, I've read it. I was hoping someone could tell me flat out. I feel it could be interpreted more than one way.
  4. Are the Simplified Acquisition Procedures FAR part 13 only for commercial items or can this procedure be used on noncommercial items also? Thank you.
  5. Somewhere long ago I recall being informed that a Prime cannot require a Sub to indemnify the government. Does anyone out there know if this is true? If it is or isn't would you be willing to describe why or why not? Thank you.
  6. I realize that a firm-fixed-price subcontract is not subject to any adjustment on the basis of the subcontractor's cost experience in performing the contract, but, what if the prime contractor needs to increase or decrease the scope of work (partly due to the work not being clearly enough defined to determine a definite scope and definite price), could then, the price be adjusted in accordance with the increase or decrease in work? I was taught that a firm-fixed-price contract should not have any modifications for an increase or decrease in the work so I am hesitant to issue such a subcontract. Maybe I'm not remembering correctly though. I would appreciate any advice on this. I would issue a labor hour subcontract if I could be we have to seek consent on anything other than fixed-price type subcontracts and receiving that consent takes longer than we have the time for. So I am left to figure out the best fixed-price vehicle to fit this into. Because the work does involve some research and analysis, the p.o.p. is short, is under $100k, and, the use of a ny other fixed-price contract type is impracticable, that maybe a fixed-ceiling-price contract with retroactive price redetermination would be better. I have not had any experience with these and wanted to reach out and ask if anyone has and can offer any pointers on it. Thank you in advance.
  7. Thank You!!! I think I needed the reassurance that I am not bound by the FAR.
  8. Thanks. So are you saying that I can select the vendor then negotiate the price (with their suggested changes to SOW)? Or I can tell both how much I want to pay and have them suggest chages to the SOW?
  9. My company (The Prime Contractor working under a Federal Contract) sent out a competitive solicitation and have decided upon the "best value" selection approach. The problem we are having is that the responses we have received back (2 received) are much higher in price than our budget will allow. Is it inappropriate in a competitive solicitation to throw out a budget number to the bidders to work with? OR since its best value, can we select the apparent successful bidder and negotiate with them on price? I appreciate any help I can get on this. Thanks,
  10. They are bi-lateral, not signed by CO and in minor conflict. The CO sent them to us for review and mod 02 has a static effective date of 08/01 and mod 01 is effective when the CO signs it. While I know their intent is to have mod 01 take effect first then mod 02 take effect next, I believe that there is a risk if mod 01 is signed after the effective date of mod 02 then mod 01 would supersede. Thanks for any insight or advice on this.
  11. Here is the scenario: Govt. issues Modification 01 and 02 to prime at same time. Modification 01 is effective as of the date of the signature of the CO. Modification 02 is effective as of the effective date which is let's say 08/01/09. Question: If modification 01 is signed AFTER 08/01/09, (effective date of Mod 02), then does modification 01 supersede modification 02? Thanks,
  12. Yes Vern, you made that abundantly clear. THANKS!
  13. It is my understanding that the requirement for obtaining consent is based upon cumulative and not per action. Certainly Task Orders issued under the same Subcontract once they meet or exceed the threshold would require the contractor to request and obtain said consent. Sometimes the contractor knows upfront that the subcontract will meet or exceed the threshold for consent and therefore requests consent in advance of placement of the subcontract. Sometimes however, they don't but when the threshold is about to be met or exceeded the contractor needs to obtain consent to continue. Though this was not the issue, I wouldn't want to leave out the requirment to seek consent based upon subcontract type also.
  14. O.k. well thanks....... I was just reaching out to see if anyone else had any experience with this.
  15. Hi: Our prime contract has a Key Personnel clause in it which requires us to notify the Contracting Officer within 30 days or as soon as possible when there is a key personnel change. We are to also provide a resume of the replacement candidate should the change be for the reason of the key personnel leaving the company and is being replaced. It states we must receive consent for the replacement before a replacement is made. This is the case with us currently. My question is this: Can the replacement start work for the purposes of training for the position before we receive the consent from the government? Technically we are not replacing the key personnel yet as this person will still be on board training their replacement. Any advice would be appreciated.
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