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About lotus

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  1. What happens if .... A contract's period of performance is over, and Invoices are submitted and paid, and a de-obligation mod is put into place and release of claims signed reflecting numbers on the de-obligation mod, and then it is discovered that the de-obligation mod was too aggressive in that it de-obligated money already invoiced and paid?
  2. Is this allowed by 52.203-5? Small company pays Big Company, the current prime contractor, to write a proposal with Small Company as the intended prime. Small Company will pay a fee to Big Company contingent upon Small Company becoming the awardee, and will also have Big Company as a subcontractor. My interpretation is yes, it is allowed. I presume it makes no difference if Big Company hands the proposal to Small Company which then submits it, or if Big Company does the submitting for Small Company.
  3. Ah, but what is major? I would say anything that adds to the requirements placed on the contractor is major; anything that subtracts from the requirements placed on the contractor is also major; and anything that might adversely affect the contractor or contractor's rights is also major. Most modifications will fit in one of those categories.
  4. What changes should cause a solicitation to be cancelled and re-issued as a fresh solicitation instead of causing a modification to the solicitation? __ a change to the PWS other than an obvious typo correction? __ a change of contracting officer? __ a change to the CLIN structure? __ a change of to the CDRL's? __ a change of contract type on one or more CLIN's? __ change of payment terms (e.g., incentives, disincentives, or basis of payment? _ a change to the evaluation criteria? _ a change to the instructions to offerors? __ add your own cause.
  5. Thanks for the DFARS 252.232-7007 reference. It is not in the contract, but it makes me think the best way to approach this is by counting days, so many dollars per day. The services are delivered approximately on a straight line basis, with a team working full time. It would be different if they were front loaded.
  6. My little company has a FFP services contract with DoD. The structure is CLIN's 1 thru 5 each corresponding to a year. Prices are at the CLIN level, not per deliverable, or per day, or anything similar. Billing is in 12 equal monthly amounts, based on the full year price. DoD funded roughly 60% of the first year's price. Insofar as I can tell, nothing compels DoD to fully fund it. Assuming DoD doesn't timely come up with funding, when should I tell the PM to pull the people from the work site? What measure should I use to make that determination? Would that be some cost based measure, or passage of days, or what?
  7. The cost of selling to the government is quite high. In the end, I suspect the government pays those costs. What systemic changes can be made to reduce the costs of selling to the government? A rule of thumb the Director of Business Development at my company cites is that a proposal will cost 2% to 3% of the revenue from the contract. If only 5 competent competitors are competing (i.e. the PWin is 1/5, or 20%), that would be 10% to 15% of revenue is spent on proposal costs. Then there are other selling costs, too such as pre-RFP work.
  8. FBO Fedconnect GSA's Ebuy Navy's Seaport-e NSA's Acquisition Resource Center FAA's FAACO .... and who knows what others .... I thought FBO was to be the central site for solicitations. How come there are still so many others?
  9. My understanding is that it is measured in a manner similar to this. Please let me know if you know otherwise. Total Amount Invoiced (not contract value or funded value) minus direct costs of Travel, Materials, and Other Non-Labor Costs (e.g., ODC's), (including such costs passed thru from the sub along with the sub's invoiced indirect costs, which become direct costs to the prime), equals Cost of Personnel. Note that indirect costs on Travel, Materials, and ODC's as part of the Cost of Personnel. Note also that costs are counted based on Contractor's cost, whether they are invoiced to the Government or not, versus cost to the Government, which would disregard any uninvoiced costs. When a sub or other service provider invoices on a lump sum basis that includes Travel, Materials, and ODC's, the whole lump sum is part of the Cost of Personnel.
  10. Reference FAR 52.219-14, https://www.law.cornell.edu/cfr/text/48/52.219-14. How is the cost of contract performance incurred for personnel measured?
  11. What is the date used for determining whether an offeror is an 8(a) company? Which, if any, of the Offeers below would be eligible for award under an 8(a) set-aside solicitation? The situation: December 27, 2018 a pre-solicitation notice is published on FBO. January 2, 2019 Offeror #1 exits the 8(a) program January 10, 2019 the solicitation is published on FBO. January 20, 2019 the Offeror #2 exits the 8(a) program. February 20, 2019 responses to the solicitation are due. March 17, 2019 Offeror #3 exits the 8(a) program. April 20, 2019 BAFO's are requested. April 22, 2019 Offeror #4 exits the 8(a) program. April 27, 2019 BAFO's are submitted. May 17, 2019 Offeror #5 exits the 8(a) program. May 20, 2019 award is made.
  12. The writer is of the opinion that a shutdown is a sovereign act. It is his opinion. I disagree. "... one of the key inquiries is to determine whether the governmental action constitutes a sovereign act, determined by whether the government act is directed at only the contractor or at the public generally. " This is a different test than the one that I think is appropriate. It does seem to have some weight as the article says this rationale was used in a CBCA ruling. Getting a ruling body to agree that a different test is appropriate (i.e., the test that I suggested) will be hard to do, even though a different test is appropriate. Any thoughts as to how to sway the judge?
  13. Is the current partial Government shutdown a sovereign act? I suspect the instinctive reaction of most readers is yes, although I am now believing otherwise. The test for whether an act is a sovereign act is whether or only a sovereign could perform acts in the the same category. The current partial shutdown is a reflection of a budget dispute. Can non-sovereign entities have budget disputes? Yes, they can, and yes they do, for similar reasons (powerful people with large egos squabble about priorities). Pick a big corporation. Apple Corporation, for example. Could Apple have a budget dispute and shut down part of it's operations pending resolution? Obviously, yes it could. Therefore, the current shutdown is not a sovereign act. Instead it is a management act. And, the Government should not be able to avoid paying contractors saying the shutdown was a sovereign act. I seek your advice on overcoming the instinctive reactions that the partial shutdown is a sovereign act. I seek your comments and advice on how to be kept whole, to be paid for hours that my employees are locked out of their workplaces in Government buildings. (As you might expect, at the moment the contracting officers and COR's involved are furloughed.)
  14. Well, they have to be able to get into the building. If they can get to their desks they probably can find something to do.
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