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About StePa

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  1. Commercial Item Justification

    @here_2_help Thank you. I just found it. https://www.federalregister.gov/documents/2018/01/31/2018-01781/defense-federal-acquisition-regulation-supplement-procurement-of-commercial-items-dfars-case I have linked it here just in case there are other beginners that may run into the same issue and need the DFARS case.
  2. Commercial Item Justification

    @here_2_help Hello. Thank you for the response. Yes, we sell the same part without minor modifications to the general public and can demonstrate both this as well as the modifications being "customarily available in the marketplace". @Retreadfed Our company has sold this particular part with the minor modification to the Prime only but have sold the part without modification to the general public. Thank you for the clarification. I was not sure if there was a rule where if a Prime had accepted the same exact part as a CI whether they could change their mind or not. The Prime rejected our CI status because we only sell this particular part with minor modification to them only and due to the prime accepting the parts as commercial previously, we had only submitted invoices where we sold the part to them previously. This is mainly due to our product being customarily modified to a customer's needs. All modifications are customarily available in the marketplace as this is done for both commercial and military contracts. Now that I understand there is no rule or guidance on a prime choosing to withdraw acceptance of the commerciality of the part, I believe it will be simple to address but will have to do a full commercial item justification providing redacted invoices of various sales and parts comparisons with similar products on the market. Thank you all for the help.
  3. Hello, I work for a sub who does business with a prime. We sell commercial item A,B,C, D. All parts sold to prime have minor modifications customarily available in the marketplace. We have sold Items A, B,C(w/ minor mods) to the prime in the past asserting commerciality and the Prime accepted our parts. Prime comes back a few years later with a purchase order for A,B,C and D. We fill out our commercial item justification for Part D but Prime has now come back and rejected A,B,C. So my question is.. once accepted as a commercial item by the Prime, can they now reject our commerciality for Parts A,B,C? The parts (w/ minor mods) are only sold to the Prime but are all catalog parts for our company (w/o the minor modifications). I guess I've never seen a prime suddenly state that parts which they bought in the past are now not commercial items. I'm sorry if I'm unclear. If I need to provide clarification, I will. Thank you.
  4. @ji20874 Yeah I agree with the options you've listed. I would assume a subcontractor's best option would be to do something @PhilBail suggested and ask for an additional fee/ pricing to collect the executive compensation data. The other information required by the clause could easily be obtained by the prime contractor on their own. Thanks for your input!
  5. 5. The prime contractor has sent that they will be adding the clause in our subcontracts. We, as the subcontractor, now are choosing whether to accept the modification/change or not. @PhilBail Yes, our company does not meet the threshold in paragraph (3) so we would not be required to provide the compensation information. The information sought by the clause is/was not an issue. I found this topic interesting and was seeing if the the situation Vern described was any different for the relationship between a CO and a prime vs a prime and a subcontractor. In my company's situation, we have decided to accept the modification as it does not impact us nor do we have subcontracts greater than $30,000 requiring us to collect and submit information in compliance with the clause. I just wanted to know on an educational basis whether a prime would be able to unilaterally modify a contract in this case. It seem from @PhilBail's response, that the best approach would be to ask for compensation for collecting said information. Thank you everyone! If I'm missing something, please educate me
  6. Hello I know this is an old thread but I wanted to pick your brain @Vern Edwards . Some background. We are the subcontractor. Recently the prime contractor approached us in adding FAR 52.204-10 to our contracts. From my reading of FAR 52.204-10, I believe this is a required clause that the CO should insert based on FAR 4.1403(a). If the prime had not included this in the original contract, as the sub, are we required to comply? It seems from your answer back in Jan 2014, the Winstar decision makes it that the prime cannot force us to accept but I am just asking to confirm. Note: I am unsure whether this would impact our business as complying with the Transparency Act does not seem like a huge impact. But alas, who knows if the higher ups have issues with it. :/ Thank you in advance.
  7. Where/ How to start learning?

    @Neil Roberts @Deaner Thank you. I will definitely keep this in mind.
  8. Where/ How to start learning?

    @Vern Edwards Thank you for the swift response and example. I will keep it in mind and take the baby steps to learn.
  9. Where/ How to start learning?

    @Neil Roberts Thank you Neil. Just subscribed @Vern Edwards Thank you Vern. I will follow your advice. Do you have any advice on how to become better at identifying clauses like "necessary" flowdown clauses? Is it just experience or is there any other ways to self-improve/ self-learn. I have found a free seminar in DC that I will try to ask my boss if I can attend but other than that, I'm all ears for any suggestions.
  10. Where/ How to start learning?

    Hi Neil. I believe my assignment is in respects to both. I am familiar with that there are mandatory flowdowns and others that are not mandatory but "recommended" (Not sure what the proper term to use is) according to many things I've read. I think you've nailed it on the head stating I "may find different positions regarding a term and condition take by people..." which is where I got stuck since it's a new area of study for me. I will read the relevant provisions and see how they apply and figure out what applies. I don't know if anyone would have experience here but how does one go about knowing if new mandatory or "recommended" clauses were added. I assume that they would be referenced in the sections which list the mandatory clauses / "recommended" clauses but I've learned that assumptions are dangerous. Thank you. In the meantime, time to grind them out 1 by 1.
  11. Where/ How to start learning?

    Thanks Pepe and Don for the responses. The program you've linked sounds awesome. Thanks Don.
  12. Hello, I recently joined the forums and have been reading several topics to familiarize myself with some topics, issues, etc. I am new to the realm of government contracting and see that my employer works as a subcontractor. I am attempting to learn the FAR / DFARS as these seem to apply to my employer the most and have come across these in our company's terms and conditions. I have been tasked to try to look through the FAR to update the list of clauses that would apply to our terms & conditions if any. Finally, my question: Is the best avenue of approach to simply read the FAR and DFARS line by line, with an eye out for required flowdown clauses? or Is there another approach you would recommend to self start this project? Thank you.