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About dmuir

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  1. As of Oct. 6, the Service Contract Reporting link was not visible. Has anyone found any more information about how the reporting will be combined this year?
  2. They specifically said FFP-LOE (because T&M would take approval from the agency Chief KO). But I will look at those clauses for our assumptions! Thank you so much!!!
  3. Our concern at this point is that we don't want 2008 hours to be considered a deliverable. We are putting language in the business volume to document our assumption.
  4. Yes! They acknowledge that they want us to use 2008 hours and we won't really be able to provide that ceiling. They want it in case they want to have extra work...
  5. Thank you for attempting answers with the small amount of information I left. It is for services Base + 4 options and a specific # of hours per labor category was specified. This is a recompete and the previous contract was FFP. Also, until this specific direction from the KO, we thought it was FFP. So do we get to bill the full FFP amount or are we invoicing only based on hours worked?
  6. My company is responding to a solicitation. The KO has issued a clarification that the contract Any order awarded under this solicitation would be Fixed Priced Level of Effort and would not be Firm Fixed Price. The hours would be billed as they are worked and separated out in each invoice. In reviewing, 16.207, I don't understand how 16.201-1(b) applies. Do we get the Fixed Price regardless of LOE delivered (at the end)? (This seems to contradict the instructions from the KO above). Or do we only get a unit price per hour worked? If we provide the LOE does the contrac
  7. My company has a situation where a Letter of Commitment was rescinded by a Key Personnel after submission of proposal and prior to award. From research, https://www.bradley.com/-/media/files/insights/publications/2017/05/risks_for_contractor_with_new_info_after_proposal_submission.pdf?la=en it appears that the case law is split between notification and no action. In our view the right thing to do is to notify the CO and, ideally, we'd like to offer a substitute Key Personnel for evaluation. 1) However, is there a basis for allowing us to modify our proposal? (This is NOT a si
  8. But if the proposal is submitted when we are small, we are NOT certifying that we are other than small at the time of proposal submission. So I would like to find some citation that would allow the proposal submission size certification (as allowed under FAR 19.301-1) to allow for the award as small in the next IDIQ Option Period. I'm not sure it exists but that's what I'm looking for. We definitely understand that proposals submitted after the recertification date are not grandfathered. It's the middle ground that we are hoping might be. That's why I thought maybe case law would have mor
  9. Per FAR 19.301-1, if a company is small business at time of proposal (ie time of written representation) the work can be awarded as small, essentially until a recertification event is triggered. For a 5 year IDIQ, 13 CRF 121.404 triggers a recertification event at the 60 month point at the IDIQ level. Is there any case law that allows a Task Order proposal that was submitted (but not awarded) prior to the recertification and exercise of the next IDIQ option period be allowed to be issued to the company as small AFTER the recertification as "other than small"? It seems clear that at
  10. FAR 52.219-14 (c) (1) Limitations on Subcontracting - "Services (except) construction). At least 50% of the cost of the contract performance incurred for personnel shall be expended for employees of the concern. 13 CFR 125.6.(a)(1) : in the case of contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that is a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded." Does the cost of the contract perfo
  11. We have a situation of a 2 year old contract whereby the employment situation has radically changed from award and now personnel are multiple times as expensive as originally anticipated. The CO refused to relax requirement that personnel perform on base and despite completed deliverable still gave us a bad CPAR rating because one position was unfilled. This is FFP labor. (Yes, we tried to explain that's not how FFP works...) The situation is so bad we are looking for a way out. But I can't find anything that allows a contractor to petition for adjustment based on a change in labor force
  12. Thank you! I will look for those sections of the relevant NDAA's. It seems that the current CO has decided not to ask for a waiver from the FAR council and stands by the FAR Clause as currently written. But your comments have been helpful to present the idea that it would assist small businesses to seek a waiver in this case.
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