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  1. Thanks to all and I love this site! I've had this sitting in legal for a week now and still no response, so thought I would bounce it off you experts
  2. Scenario - The low bid on a sealed bid construction project was from a Joint Venture formed for this project only. The Bid Bond was not submitted in the JV Name, but in the established businesses name. I questioned the validity, the contractor told me this is common, as JV's don't have the past performance to get bonding in the JV name and that if I find them non-responsive, they will protest. Appreciate any guidance.
  3. Great, that you C Culham, very informative and it does answer my question.
  4. I have a contractor that submitted a request for modification for an additional $13k. The contractor did not get all required permits before starting, which was outlined in the SOW and contract and is now claiming delay costs associated with having to stop work until one additional permit was received. I am making the decision to deny it, but am wondering if I needed to provide appeal rights? The letter was not addressed as a formal claim and am thinking that I would deny it and then if they re-submit it as an actual claim, requesting a decision, I would give it at that time. Appreciate thoughts.
  5. Good info, thank you. I'm having a call with the solicitor tomorrow and just wanted to make sure I was thinking correctly.
  6. The procurement started out as a negotiated 8a sole source for the construction of a bridge. The contractor had requested approval to do some value engineering, which we agreed to, but could not accept after it was submitted. After months of trying to reach an agreement, the contractor stated he could not submit pricing as it was originally designed so the project was cancelled. Two months later he submitted a claim under the Contract Disputes Act for cost incurred on "value engineering". My position is that since a contract was never issued there is no legal authority for which to file a claim. Is that correct?
  7. Scenio - firm fixed priced construction contract in Oklahoma. I have a prime contractor and a construction management service contractor disagreeing on on how O&P and use tax is being applied on change orders. The prime is stating that they are not charging use tax on the project, however they are subject and required to pay use tax on all material purchases for the project. The use taxes on the materials are incorporated into the material cost of the project, which is subject to overhead and profit. The CA is saying that is should be calculated as overhead and profit over tax to have no conflict with IRS. In regards to O&P, the prime is saying that the Division 01 2000 spec states that the contractor may charge up to 10% for O&P; they are charging 6% for each, which is under the 10%. the CA believes this should be a combined overhead plus profit max of 10%. Appreciate any insights...
  8. The email that I received from the DCAA Wichita Branch Office states that "DOD contracts are my priority and I currently do not have resources to complete even my DOD work in a timely manner. I do not anticipate things getting better next fiscal year. Your best alternative for timely resolution may be to obtain assistance from a private company". The Boston office is auditing the prime contractor, since the contractor is located in that area. Boston Office told me that I would have to go to the local branch office for the subcontractor's proposal, which is the Wichita Branch. Thanks for the advice on going to GSA, will followup with that. This isn't that big, $900k total, with about half of which is subcontractor's costs.
  9. I did a T4C, DCAA is telling me that they do not have time to audit the subcontractor's settlement proposal and that I need to hire someone off the street. I've searched in the SBA Database for firms registered in CCR and no luck. I'm in Oklahoma, so that would be my priority of company local. Would appreicate any advice anyone can offer.
  10. I have a contractor that submitted a low bid on a ARRA Funded project that is currently on the "Delinquent Federal Debt" list. Where do I go to find my backup support to not award to him? He is planning on protesting the award if I don't give it to him. The only reference I found in the FAR Part 9, was that this is reason for debarment, but is not clear in that I cannot award to him.
  11. We have a contract in place with a firm to complete an inspection of an existing water tank. Once the inspection is completed, the govt will write the SOW, develope the govt estimate and our office will put the project out for bid. The firm that completed the inspection wants to bid the work. Is this legal?
  12. In order to insure that the supplies will be unloaded by the trucking company what do I need to make sure I have in the contract? Is it the norm that they don't unload and that the govt is responsible?
  13. I like the idea of multiple BPA's, but with multiple with each of the seven different contracts would require alot of work on getting pricing from all on every order. I'm going to have to sleep on this one. Thanks for your input.
  14. For the fruits/veggies annually $40k Meat annually$300K Canned goods $250K
  15. I don't have a problem with it being a BPA and paying with the pc. My concern is how I solicit and award. Can I award an unpriced BPA and then when we have a need to order, we place a call and they give me their current pricing? How do I know it's the best value for the govt and what do I use to select the winning contractor?
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