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About contractadmin

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  1. Hi, The following clause is now contained in all DFAR contracts: "REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement." Does anyone have the "specific wording" that contractors are supposed to use to inform employees about their whistleblower rights? The clause above does not define the language. I have found one poster online, but it is for Federal employees. Another poster I found is for DOT contractors which is not applicable to my company. Also, I assume that contractors are supposed to call a government hotline and not an internal contractor ethics hotline - is this correct? If so, does anyone know of the federal office that contractor employees should call and the number if you happen to have it? Many Thanks, ContractAdmin
  2. Sorry - I should have identified what clauses were included in the soliciation. They were 252.225-7035 Buy American Act-Free Trade Agreements - Balance of Payments Certificates (June 2006), 252.225-7036 Buy American Act-Free Trade Agreements-Balance of Payments Program (June 2006) and 252.225-7001 Buy American Act and Balance of Payments Program (June 2005). Thanks, Contract Admin
  3. Hi, Question One: We were notified that we did not win a contract awarded by the defense agency. The proposal contained the BAA. We believe that the company who won manufacturers their end item in China. Our product is manufactured domestically. It is my understanding that our price would have been evaluated at face value, while the competitor's offer would have been evaluated at face value +50%. Is my understanding correct? Question Two: My second question is during the debriefing does the CO have to tell us if the other party specified their product as foreign manufactured? Does he have to state what country and tell us if any price evaluation factors were used? Thank you, contractadmin
  4. Yes, the commodity is exactly what you are saying. The commodity is stored in inventory and released to contracts as needed (including being released to manufacture this end item for the government contract.) My question is, how does one tell the difference between a subcontract and a supplier agreement. When I look at the definition of subcontract in the FAR it states that "Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders." It seems as if agreements / contracts for supplies would fall under the definition of subcontract. Is there anything in the FAR that distinguishes the two? Thank you for all of your help.
  5. Hi, The Contractor Code of Business Ethics FAR 52.203-13 requires that contractor flowdown the clause to subcontractors who furnish supplies in excess of $5M with a period of performance of greater than 120 days. My question is what if a company issues a subcontract to a supplier of a commodity for $10M. The commodity that is purchased from the subcontractor is used across many contracts across the company, both on commercial and government contracts. Would the contractor still be required to flowdown this clause? The end items that are furnished to the government in the case are COTS if that makes any difference. Thank you,
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