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Neil Roberts

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About Neil Roberts

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    Southern California/Nationwide
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    World and U.S. travel.

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  1. Neil Roberts

    FAR 52.232-25 Alt 1 Payment Days Authority

    I am not a contracting officer so I may not have a good enough handle on the situation. However, would appreciate your help in understanding the basis for contractual language that established 14 days and/or 10 days for payment. I didn't see that in 52.232-25 and/or ALT 1. Also, 32.908 (c)(2) is as follows: "As provided in 32.903, agency policies and procedures may authorize amendment of paragraphs (a)(1)(i) and (ii) of the clause to insert a period shorter than 30 days (but not less than 7 days) for making contract invoice payments." Your comments?
  2. Neil Roberts

    Option Year Renewal

    If your company's prime contract is FFP, obtaining new subcontract bids each year is a risky financial practice. Supposing the subcontract market price was significantly higher each year than the price for the outer years that was bid in 2012? What if a subcontractor for the required work can no longer be easily found 10 years later? Potential breach of contract with your customer. Also, that practice does not seem to enhance subcontractor relations. Finally, issuing a new purchase contract would require compliance with the approved system, potentially submitting revise subcontracting plans, obtaining new representations and certifications, etc.
  3. Neil Roberts

    Option Year Renewal

    JoABrown, congratulations to you and your company on an approved system! Based solely on your specific response above, and having no other facts, I see nothing that would cause me to believe the Government has any contract or regulatory right to require your company to competitively bid subcontractors for an option year exercised by the Government via Task Order. The Government option appears to have been fully priced with a complete SOW in 2012. However, it is not clear what your company practice has been each year since the 2013 option year. All 10 year options should have already been included in subcontractor purchase contracts, and if that were done, there would be no question about obtaining new bids. None would be obtained because obtaining new bids would be in breach of contract with the subcontract. What has your company practice been since 2013 with respect to subcontracts? Has it issued separate purchase contracts to each subcontractor each year? Has the price in such subcontracts been the same as the price that was included in your companies current cost or pricing data to the Government in 2012, or has your company been obtaining different pricing from that subcontractor each year and definitizing a lower price?
  4. Neil Roberts

    Option Year Renewal

    Still not clear to me. Does the contract from the Government include a price and SOW for each option year? How many option years are included and priced in the Government contract your company signed? What is the date the Government contract was awarded? Does the Government contract include FAR and/or DFARs or some other Agency clauses? Did your company submit cost or pricing data and sign a certified cost or pricing certificate? Was this for the base period work and all the option years? Did your company submit a small business subcontracting plan to the Government? Did the small business plan include the base period work only or did it include all the option years? Did your subcontractors submit similar cost or pricing data/certificates to your company? Is your company subject to a periodic Contractor Purchasing System Review? Does your company have an approved Purchasing System? There is just too much info missing for me to understand what is going on contractually and compliance wise with respect to regulatory and contractual requirements. Maybe someone else can provide you guidance with just the information you have given. It is hoped my prompting of more information above gives you a sense that it a simple yes or no answer may not be the best answer.
  5. Neil Roberts

    Option Year Renewal

    Does "initial proposal and award" mean the base contract and all the options?? How much time has elapsed since the initial contract award? I would have expected your company to have already issued awards to subcontractors that included the base period work and all option work, if any, that was included in the prime contract initial award. That way, all your company would need to do is exercise the option. Could you please clarify?
  6. Neil Roberts

    COTS Services?

    My take is that per 2.101,services are not "supplies" because services are generally labor hours and not "property." To me, property in the given context is a "thing," i.e., a physical object. Since it is not an item of supply, it is not COTS.
  7. Neil Roberts

    Exclusion of Joint Ventures

    Batesville - have you considered a teaming arrangement instead of a JV? It might sidestep some of the JV "barriers."
  8. Neil Roberts

    Exclusion of Joint Ventures

    Two small businesses can form a joint venture. See 13 C.F.R.§121.103 (h)(3) as follows: Exception to affiliation for certain joint ventures. (i) A joint venture of two or more business concerns may submit an offer as a small business for a Federal procurement, subcontract or sale so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract.
  9. Neil Roberts

    U.S. Code Reference for Paying for Services

    Perhaps 31 U.S.C. 3324 (a)?
  10. Neil Roberts

    Data Rights under an SBIR contract

    DOD noncommercial and computer software SBIR data rights clause 252.227-7018 (k)(4) states: "The Contractor and higher tier subcontractors or suppliers shall not use their power to award contracts as economic leverage to obtain rights in technical data or computer software from their subcontractors or suppliers." Therefore, it appears to be overreaching to obtain ownership of such data. Generally, it seems to me it includes technical data or computer software conceived, developed, or first reduces to practice by, for, or with subcontractor, either alone or with others, in performance of the contract.
  11. I would flow 52.244-6 plus with respect to the contract between your company and your customer (a) all mandatory flowdown clauses included in such contract [including the laundry list, with the words "to the extent applicable" unless you are willing to take the risk, upon review of them, that they are not applicable] (b) all clauses included in such contract that should be flowed to satisfy your company's contractual obligation to its customer. See 52.244-6 (c)(2).
  12. Ultimately, it is your firm's business decision that should prevail. There are contractors that will accept cost type contracts with a low fee amount in order to help out a customer if it looks like there are future business opportunities that may be more in line with the firm's contract business model. Is the Agency or your firm willing to explore a cost plus incentive fee contract where it could be shown that the potential Agency dollarized share of savings might exceed their unwritten policy expectation? Other aspects to consider are whether this is a competitive situation.
  13. Neil Roberts

    Solicitation questions and answers

    I am not sure if my position is inconsistent with all the others. If the solicitation was brand name or equal, I would not tell any bidder whether their pre-bid selection of a particular "equal" brand name was acceptable or not. I believe that is a matter for evaluation of the bids.
  14. Neil Roberts

    Material Cost Adjustment

    FAR 25.9 provides for exemptions from import duties
  15. Neil Roberts

    Material Cost Adjustment

    I suggest you request that bidders offer include proposed terms and conditions and contract types that include pricing of any increase/decrease in tariffs and that bidders disclose the current tariff structure/amount included in the proposed price. Also, if you are a contracting officer and not a contractor, perhaps there is some process for tariffs to be excluded from the price and either waived or paid for directly by the Government and excluded from pricing.
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