Cewheaton

That has legal connotations and I am not at that point yet. But thanks!

I have a Sub that has accepted my DX Rated Order back in December. I have been trying to get this company to respond to my questions asking for status. They have now missed 2 important milestones. What can I do to get his supplier back on track?

I had a competitive RFP out to sever vendors being scored as a best value competition. After the down select was completed and we were moving toward award, my customer (Gov) delayed award stating that not enough information was provided to them (gov) to analyze the vendor's costs, which is resulting in a delay in award. They wanted a material BOM and other cost detail. They are also requiring us to provide corrective action??? My question - when having a competition, isn't having several responses to an RFP equate to price reasonableness when using a Best value score card? Can a customer request this additional information after the down select to analyze the vendor's costs? If our customer expected this kind of information, then shouldn't they have requested this in the beginning in the RFP to us as the Prime Contractor? And, if that was the case, we could have made this competition a sealed bid, having the vendor provide sanitized copies of their proposals sent directly to our customer while providing us with the un-santized copy for our score card review. Appreciate everyone's input. Thank you,

Hello, We have a terminated Vendor that we are trying to close out. The provided material procurements list does not include any of the materials outlined in a Milestone Payment early on in the POP of Long Lead Material Purchases. This invoice was approved and vouchered. My question, is would you approach this? When a vendor sends an invoice, it is certifying that the costs are accurate and are a result of the completion of a milestone. Upon closing the subcontract, to find out that no materials were procured and the invoice was vouchered and paid, I would think it is a violation. How would you approach this contractually?

I am reading that FAR 15.215-11 and it states that This clause shall become operative only for any modification to this contract involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data at FAR15.403-4, except that this clause does not apply to any modification if an exception under FAR15.403-1 applies. We take exception to certified pricing data based on the award being a result of a competitive basis... so maybe I am running down a worm hole! Even if we as the Prime do not have to certify our costs, I have a manager stating that regardless of what we do at the Prime, if we have a sub that exceeds TINA they still have to certify to us regardless... which I don't feel is correct either... ughh

Hello, The clause 52.215-11 is included in the Prime Contract. So, based on this, if we as the Prime Contractor now have to certify, than our subcontractors that exceed the TINA threshold due to the Mod will then have to certify as well? Thanks for you assistance.

Is this far applicable if the prime contract was awarded on a competitive basis. Is this clause applicable to our subcontractors if we do not have to certify the prime contract level because Tina is exempt based on the competitive award

I have a solicitation where the COR provided the Q&A's stating that Subcontractor Past Performance will only be accepted if it had a CPARS and Prime Contractor PP has to be within 5 years with a CPAR evaluation, which eliminates any Prime Contracts under one year. My issue, Subcontractor's do not get CAPRS, so how are subcontractor past performance accepted only if they have a CPAR evaluation? Since the solicitation states that subcontractor PP is acceptable to use, however only CPARS evaluated PP is accepted, doesn't that contradict itself and could be grounds for Pre-Award Protest? Lastly, this solicitation is small business set aside, so limiting PP with only CPAR evals restricts many SB's with Prime Contracts less than 1 year. Any opinions on this matter?

I have a solicitation where the COR provided the Q&A's stating that Subcontractor Past Performance will only be accepted if it had a CPARS and only Prime Contractor Past Performance being excepted if it has a CPAR which eliminates any Prime Contracts under one year. Subcontractor's do not get CAPRS, so how are subcontractor past performance accepted only if they have a CPAR evaluation? I believe this should be grounds for a pre-award protest.... any opinions on this topic or others who have experienced the same.