wmcastleberry

Thank you for the replies so far.  From what I understand, even though it appears there is a six year statute of limitations, like a regular CDA claim, relief can still be very limited.  Declaratory relief may be available to where the board  / COFC can remand to instruct the CO to change the ratings, but the CO is still not actually bound to do so.  Thanks.

Hello.  I was wondering if any of you could inform me as to what the deadline is for filing a CPARs dispute/claim with a CO.  I believe it is just like an ordinary claim in which the contractor is given six years, but unsure.  Where it stands now is that the contractor provided comments to the CPARs, an official one level above the CO reviewed and agreed with the original CPARs.  This was on October 16, 2017.  Is the contractor now allowed six years to file a claim?  Thank you in advance for any help.

Thank you ji20874 and Joe. I am assisting someone with this problem and it is the first time I have come across something like this.  I really appreciate the advice.  We may talk with the CO first and see how that goes.  I will keep all of you updated.  Thanks again.

I have used this site a few times and have felt it to be extremely helpful.  Hoping to get a little information from someone out there. 

I am involved with a project in which the solicitation includes VAAR 852.219.10, which reads.. "services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns;"

The proposal that was sent to the government included Project Management and quick example of hours calculated.  In response, the government stated the only positions that they consider personnel level are ones such as operational, boots on the ground, etc... not Project Managers.

But, our view is it takes a large amount of PM to perform this contract.  How is the government able to exclude PM from the term, "Cost of personnel for contract performance?"  Is that correct?  Is there a way around this? 

In other words, how can the government determine what is considered "labor" for subcontracts?

I would greatly appreciate any ideas.  Thanks.

-William

Thank you for the responses.  Vern, that really helps to clear things up.  I agree, there should be records of payment to support reimbursement, but unfortunately there are not.  Thanks again for the useful information.

I have a question that I would think should be easy to answer.  However, I have found that many of the parties involved are not too sure of what to do. 

The problem is that the contractor has acquired lodging expenses for several weeks, but only has receipts for one week.  The CO is claiming that according to the Joint Travel Regulations, maybe nothing is owed to the contractor, except what they have receipts for.  However, my research makes me believe that although we may not be entitled to the full per diem amount of $129 per day for the full amount of time, we may be entitled to at least $75 per expense, since we do not have receipts (according to GSA 301-11.25).

FAR 31.205-46 is incorporated into the contract.  Have any of you ever run across this problem?  Thanks!

Thank you for the responses.  Wage and Hour Dept. at DOL aren't entirely sure, but the more I read, it seems like the contract and KO control.  It makes sense to me that if the wage determinations are incorporated into the contract and it is signed, then it has more than likely become a part of the agreement.  Thanks again for the help.

I have run into an interesting topic that the Department of Labor doesn't even seem to be very clear on.  Just wondering if any of you have ever come across anything similar.  We have contracted with a federal facility that is based out of state.  All of our work will be performed in our state.  We only have to have employees travel to the facility to pick up materials.  So the question is, which state do we use to calculate SCA Wage Determinations.  Is there only one rate or two?  I'm assuming it is the place where performance is taking place (our state), but I know the penalties for not following SCA rules can be very stiff.  I really would appreciate any information anyone may could give.  Thanks for any help!