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About general_correspondence

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  1. I work at a private company, and we are a prime contractor holding a US government IDIQ. We were awarded a CPFF task order recently under this IDIQ, it was a base year with two (2) one year Options. Our total proposal including option pricing was accepted by the government and we are fully funded for the base year. We have a subcontractor along for the ride with us for base year and options too (if exercised). I know my question is possibly per my company's policy, or it's possibly CPSR compliance or a best practice answer I am looking for, but if the authorization document (purchase Req) within our company was approved for base year and approved for both options, is there a problem with that? The base year has activated charge codes in our MRP system and SubK is fully funded for base year ONLY. The Option approved funding could only be committed if: 1) the government exercised the option at prime level. 2) the finance and accounting codes would need authorized and created into the MRP and PO system. neither the finance accounting codes for option periods are active or authorized, at this time, obviously thebase year just underway, however the total funding for the SubK, by the program manager is approved.
  2. tj, what you found is non compliant by any standard it sounds like a poorly written and executed BOA. A BOA is not a contract, so the company that hired you would need a unique PO number for every "work order" for invoice tracking and accounting, or conflict resolution. Very strange. The BOA will contain general terms and conditions, ordering (FAR 16.703). The example you found is apparently lacking what it should be this is from Acqnotes.com : Contains contract clauses applying to future contracts between the parties during its term Contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the basic ordering agreement. Contains methods for pricing, issuing and delivering future orders Contains a description of supplies and services to be provided
  3. We are the prime on a IDIQ, and have a subcontractors cost in our proposal to the government. We are pursuing a task order release. FAR 52.215-23 is on our prime contract, and the subcontractor will perform 70% or more of the work. At 52.215-23(c) (1) and (2) it talks about "changes" to the award amount, but no mention of notifying the CO or getting the CO's determination if pass through costs exist. My question is, do we get the CO's determination in writing no pass through costs exist before the TO award, or only changes post award?
  4. We are one of several Prime Contractors awarded under an IDIQ. We submitted proposals to task order requests and waiting on award, that included a outsourcing (subcontracting) from a supplier of ours, and we of course have an executed NDA in place with this supplier. Just a couple weeks ago, the supplier of ours we have the NDA with, was acquired by another Prime that happens to be on this IDIQ. We don't know if this other Prime submitted a proposal to the same Task Order request we did, but what experience in the Wifcon community has this experience before and how was it handled?
  5. We are the prime contractor, and we have small business plan and goals to meet. we responded to government task order solicitation that included a small business subcontractors proposal, and since the the time we submitted our proposal to the government, said small business was acquired by a larger business concern. Will we get the credit for small business credit if we win the task order? What interdependence, if any, exist or is it a simple yes or no?
  6. We are the prime on a CPFF IDIQ, and we were awarded a task order 7 months ago but haven't been paid yet. Unfortunately I don't work in the Finance Dept and have much detail but DCAA has not even passed our invoices on to the KO for approval and payment. The details are unclear, the claim may be a rate issue, or cost accounting issue, minor or major, I don't have those details however we have been paying our subcontracts for 7 months. Any suggestions on this log jam? How do we get relief from paying our subcontractor or should we, can we?
  7. Neil The purchase order with the Sub was a straight FFP - buy 10 widgets, and done. However the prime contract we hold is a CPFF and still active. The unspoken and undocumented scope of work that exists, that was not documented in the FFP purchase order with the Sub - of the 10 pieces of the suppliers hardware - 2 came here, 2 went there, 2 remained with the supplier, and 2 are shipped to some other "client" site. Not only that, they can move around even more, if the client wishes, so keeping up with this is very difficult and burdensome. Based on this, would re-opening and adding a scope of work for the widget supplier be a loaner agreement with government property? that sounds easy, but is adding a no cost line item to a FFP purchase order unilateral, or even wise? Seems I would need to convert to a T&M, include how they need to DD1149 every move of equipment, report quarterly back to the prime on location and status. or would a better idea be to close the FFP as we are on the road to doing, and maybe issuing a "loaner agreement" PO? What contract type is best for loaner PO with a ceiling price, T&M? any suggestions?
  8. We are the prime on a CPFF contract. We issued a FFP PO to a subcontractor. The PO with the subcontractor has ended, all work and invoices paid however the close out process of identifying and dis-positioning property at the subcontractors site has not been resolved. We have been going back and forth for over 3 months on this. They did not document all the property first time. Then, our program manager asked them for a unit to be returned to us. They complied and shipped a unit to the PM. We, in turn, asked the subcontractor to re-do the Form again based on the shipment request, and due to the discrepancy from the first report. Bottom line is, I am done asking, emailing and pleading - would it be within our contractual right to issue a cure notice, under the threat of a TfD even though the purchase order is closed on the books? If not a cure letter that could invoke the TfD, - any suggestions?
  9. it is an IDIQ already awarded to a prime. The IDIQ was competitively awarded to multiple Primes. Now, this task order pursuit, the Primes' proposal is valued over 2M, and so is the subcontracors proposal to the prime. The Prime solicited several suppliers in RFP, however only one priced proposal came back. The Subcontractors proposal is a CPFF, same as Prime, however the Subcontractor did not share rates, and indirect costs. Therefore, adequate competition was attempted, only one source responded. We, as the prime, want to know what is the policy/guidance on when an assist audit is required for subcontractors under a competitive process?
  10. Don, you provided an example for a Contracting Officer duties. Would an assist audit be requested or required, if the prime Contractors subcontractor did not share cost information with the prime?
  11. If the question is "does the CO need to perform price/cost analysis" ...the CO is to determine the contract price is fair and reasonable, not necessarily the subcontracted prices. By design, the onus is on the contractor to determine fair and reasonable prices from their subcontractors in their proposals to the government, if that is adequately done to the satisfaction of the CO, he/she may need not go any further.
  12. Based on the information in the post, it is not an inadequate proposal. The government may request to see the vendors quote, but don't have to if they believe it is fair and reasonable. If the materials/subcontracts in the prime proposal exceeded the TINA, they may rely on the past performance with this sole source prime? A FFP sole source solicitation awarded on Best Value Continuum with no evaluation criterion
  13. I have worked on DoS and DoD contracts that had clauses for code of employee behavior, heavy handed personal liabilities clauses, contractor termination clauses, and more, I know its possible it could be a "'contracting matter" if the government included same or similar clauses.
  14. This clause shall become operative only for any modification to this contract involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data at FAR15.403-4, except that this clause does not apply to any modification if an exception under FAR15.403-1 applies. We take exception to certified pricing data based on the award being a result of a competitive basis... so maybe I am running down a worm hole! CeWheaton, you're MOD stand alone amount, if exceeds the threshold for certifying costs, and if non-competitive, will require a Certificate of certified cost and pricing from your subcontractor
  15. Patrick The DCAA uses ERI. They don't just acknowledge it. It's more robust than you think, its a layered pay plan, I work as a defense contractor, in the role of a subcontracts manager. Almost all I do is sole source subcontractors. My focus is to maintain what all CPSR audits look for, and typically find - which is poor price analysis, and too many sole source procurement's. To write an effective price analysis ( the key word is "effective") I reach into the toolbox for a few of the most appropriate tools for the situation, and draft a beginning, middle end, story that persuades the reader. That's the goal, and that's the best you can do, because "effective" also means arrows can be slung at it, I know of no perfect price analysis absent the perfect bid tab with the perfect results from adequate price competition. The tools I refer to could be CALC, GSA, CPI, ERI, cost and price data, market research, and others..it just depends, I agree the general public is not privy to what GSA's pay price is on the federal schedules, i'm not trying to doubt you, doubt what you do, I'm sure you have a successful business, or debate you, I just wanted to show the poster of this thread CALC.gsa.gov was a tool to use.
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