TenaciousC

@joel hoffman  The release of claims is much like the one in your post -- except for the "(except for __________ ”  language.   The "(except for __________ ).” is not part of the contract mod.  

This price re-determination proposal for the Proposal Prep CLIN seems to be a mixed bag of things.  The spreadsheet provided included each ECP.   Some ECPs update hours, rates & factors to an ECP's Proposal Prep.  Other ECPs update hours, subcontractor's costs, rates & factors.  And other ECPs update of rates and factors only.  Nowhere does the contractor ask to closeout the CLIN.  There is no indication of DCAA approved rates.  Or quick closeout rates.  This contract is ongoing and will be for  at least a couple of more years.  

My issue is with the ECPs that add more hours because of Proposal Prep.

I'm hoping to get a conversation  with the contracts manager tomorrow.  

@Vern EdwardsThe Contractor calls it a "Price Redetermination Proposal" citing the Limitation  of Cost clause and are updating their actuals.

@RetreadfedThe proposal prep goes to a CPFF CLIN and all the mods do contain a paragraph citing release of claims language.  I have a hard time  accepting proposal prep costs incurred after the contract mod was signed.  Especially since the Contractor is  saying that the reason for the additional costs is due to costs incurred (i.e., cost overrun due to proposal preparation and negotiations).  

@here_2_help  I'm new to this program and I still need to find out how far behind DCAA and DCMA are with respect  to finalized billing rates.  I suspect that their approved rates are far behind.  If updating rates and factors was the only update the contractor provided in their "Price ReDetermination" then I wouldn't be so bothered.  It's the updating for more hours (and subcontractor) costs that disturbs me.

 Cost-Reimbursable Contract.  Back in 2011, we issued Engineering Changes and the Contractor responded with Proposals.  The ECPs (along with Proposal preparation costs) were negotiated and contract modifications were subsequently issued.  The technical effort was added to a CLIN.  And, the proposal preparation costs were added to a separate  CLIN — a CLIN created specifically for the purpose of proposal preparation (3020 funds).

Just recently, the Contractor comes back and sends us a proposal for “overrun” costs attributable to proposal preparation only (relative to the ECPs in 2011).  They updated the amount of actuals incurred — 6 years later!  A weak justification was provided (i.e., cost overrun due to proposal preparation and negotiations).

I believe their request is unreasonable because it is untimely.  I want to deny their request but I seem to be in the minority with my  teammates.  Any thoughts?  Do I need a reality check?