The reason why I'm worrying about the source of the clause is I'm hoping to show that the Government inadvertently included it in the award document, giving the prime a reason to go back to the Government. . As it's fixed price contract, and bid as such, providing the data requested generally would be like lifting the curtain where the wizard is. I think providing that data on a fixed price contract changes the type of contract being provided. If the source of the clause states that it should only be used in cost plus or T&M contracts, as it seems to be, then I'd ask the prime to ask the Government to reconsider its applicability--but without that data, I can't demonstrate that its nonapplicable. Usually, the introduction will say when a clause should be used--and that's the language I'm looking for.
Vern, the issue with the added cost is that the subcontract is a longer term, low value subcontract--hence, the administrative burden increases relative to the bid cost of the work. If it were a higher priced, shorter term subcontract, there'd be less of an issue.
The prime is reluctant to go back to the Government, though we've asked them to do so. I was hoping for ammunition that would convince the Government that an error had been made in including the clause. We have advised the prime that there's a cost impact to us, and that's why we haven't signed the task order. However, for longer term relations, we'd prefer not to leave the prime holding the bag, so to speak.
Thanks for your insights. I've had no luck finding the clause so if anyone else has seen it and particularly the introductory portion, would be delighted to hear from you.