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dmuir

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  1. I am responding to an RFP that requests Certification of Compliance with the Cases Act. With a generic name like "Cases Act" the only thing I can find on the internet is CASE act about copyright. Does anyone know what the Cases Act is? Thank you!
  2. I have a contract with the Department of State and I'm trying to determine if the funds will expire at the end of this fiscal year. I even found the Foreign Affairs Handbook with the Account Structure; however it doesn't seem to match the accounting code I have. Yes, I could ask my CO, but I'm here because we are trying to find out this information BEFORE we talk to the CO. Any suggestions on where else to look? Any appropriations decoder on-line? Thank you.
  3. 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?
  4. 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!!!
  5. 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.
  6. 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...
  7. 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?
  8. 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 contract end? Or like an ordinary FFP, do we still need to work to complete the POP?
  9. 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 situation where we found a better candidate. Our candidate left us.) (I can't find anything in FAR.) 2) If we notify the CO, can the proposal still legitimately be evaluated as submitted? Or will it be dismissed as "noncompliant" since we are missing a Key Personnel? 3) If we are silent, is the risk limited to protest of award and loss of award? Thank you. D risks_for_contractor_with_new_info_after_proposal_submission.pdf
  10. 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 more clarification than the CFR or FAR.
  11. 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 the IDIQ level, new awards would be "other than small" after recertification, and awards prior would still be small, but there's this "gray" area where things were started one way and could be considered "grandfathered". Not sure where to look for this information. Thank you! D
  12. 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 performance incurred for personnel by subcontractors include the fee paid to subcontractors? Or is only based on direct labor and indirect loads? I'm not sure where to look for further clarification on this issue. Thank you for any insight.
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