general_correspondence

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I'm a subcontracts manager for a prime contractor. As a Prime Contractor, we have several task orders issued from IDIQ's. Many of the task order are multi year. For example, one of the task orders has a 3 year period base term. Another one has a 24 month base period, with three (3) one year options. etc...

Thanks for the help everyone

Don't feel as though you are confusing things, it's hard to be crystal clear writing back and forth in chat rooms, the fact its regarding FAR and contracts makes it even more cloudy 😄 so here's the thing, As I mentioned, I work in Subcontracts, and although I'm fairly certain subcontractors (large business) we outsource to under the aforementioned conditions will be CAS covered if the $ exceeds 750K, the contract documents and review documents at the contract level, indicate NO CAS, and that is exactly correct because when awarded an IDIQ with ceiling of $10,000, CAS is not applicable. However IDIQ's are the vehicle for task orders, and so here we are. Is the large business I subcontract under a task order where the dollar value is >750K, be a CAS covered subcontract? I can't get answers from our own compliance or contracts people to these questions, I am good with the answers you an several others gave me regarding the small business that was acquired by a large business scenario, so I'm down to this final question of CAS applicability to the prime's subcontractor under a task order under an IDIQ that was awarded w/ $10,000 ceiling, and documented by the Primes internal team as "NO CAS" required.

taking out the small/large business aspects of this original post, would the IDIQ award we received from the government that has a $10,000 minimum IDIQ Value, determine all or any subcontracts awarded under the Prime contractors task orders be exempt from CAS coverage? Said another way, assume we get a task order and we included a large business in our Bid, - would this large business be subjected to CAS?

Thank you Jacques, I think that makes sense, but are you implying that when its time to renew their annual representations and certifications to us, this subcontract suddenly switches to a CAS covered contract, requiring a notice to both supplier and contracting officer?

The subcontract is not an IDIQ.

Retread, I trust your right, BUT - they were only small because of the NAICS code of the work? All other NAICS they operate under they were a large business. (I should have mentioned that in the OP) Also, the research Jacques did with the Cibinic & Nash, seems reasonable not to continue to keep documenting this large business as a small business forever? No?

Retread the small business was acquired by a large business 6 months ago, shortly after we awarded them their subcontract ?

the minimum value of the IDIQ ceiling is $10K. As stated, this is minimum ceilings at this IDIQ. We were awarded a 24M task order a few months after the base IDIQ was awarded. FAR 52.230-2 is in the IDIQ contract, and the task order release states the parent IDIQ clauses apply. I am the subcontracts manager. I issued a subcontract a little over 2M. The subcontractors 2M order is part of our overall 24M task order contract. We will increase the subcontractors order by 100K, CAS was not applicable at the time of the subcontractors award, but they are no longer a small business, Do I notify the contracting officer we have a CAS covered contract once I modify the subcontractors contract?

you are correct, but task orders would have to be new work, would they not? It's not as though dozens of task orders are in the multi millions of dollars with several large DoD prime contractors and none of them are CAS covered due to the ceiling minimum value of the IDIQ?

Excellent research Jacques, thank you !

We are a prime contractor with a multiple award IDIQ from the government. (DoD) The Department of Defense awarded an IDIQ to multiple Primes/ FAR 52.230-2 is in the IDIQ contract. We were awarded a task order, and we have a subcontract included with our task order work. The subcontract at the time of award, was a small business, and the value of this subcontract at the time of award was >2M. We have a modification coming to the contract where will add 100K to this subcontract. Since the time of award to the Sub, they were acquired and are now a large business. Will the modification to the subcontract of 100K, effectively making the total subcontract value $2,100,000 be a CAS covered subcontract?

Thanks Jay but I used the NAICS - I think it's appropriate for NDA, not teaming agreements

When pursuing government RFP capture managers and procurement people often need to get other suppliers and subcontractors involved. I'm just curious if its a good practice, accepted practice - to identify in the Scope of Work of the NDA, adding the NAICS code (could be more than one) of the activity you have in mind for this subcontractor? I am considering doing this in lieu of the typical couple of sentences on why this NDA is being created. I think using a NAICS code helps support whatever narrative may be written in the Scope, any thoughts or ideas on this?

I would err on asking for consent, otherwise awards would appear fragmented without consent.

we are the prime on a DoD contract prime is a CPFF. and subcontractors PO is FFP,

Can you have a government prime contractor subcontracting to a company under commercial terms and conditions, and the firm is modifying and integrating non commercial items? commercial service T&C's non commercial items.? Kosher?

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.

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

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?

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?

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?

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?

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?