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About midas

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  1. Your assessment of the scenario is correct, however, the open question is whether or not the replacement subcontractor needs to provide cost and pricing data to the Prime? The Prime suggets that it is required to obtain this information because it is a negotiated subcontract exceeding the threshold and the subcontract does not meet any of the other 15.403 exceptions.
  2. Thanks to all for your help!!! Here is a scenario: 1) Prime contractor has been awared a FFP contract to perform work and work has begun 2) One of the original subcontractors is failling to perfrom or Prime decides to offload work 3) Prime contractor enters into negotiations with new subcontractor as a contingency plan 4) Value of this proposal exceeds the $650,000 threshold and it is not commercial or competitive 5) Prime contractor is requiring new subcontractor to provide certified cost and pricing data In the above situation, does the FAR require the Prime to request and the subcontractor to provide cost and pricing data? If so, doesn't it feel counter-intuitive that, after being awarded a FFP contract, a Prime is required to obtain cost and pricing data from a subcontractor since at the end of the day the government price will be unaffected by any price negotiations between the Prime and the subcontractor? Thanks again for the support!! Would the following statment accurately reflect the intent of the FAR:
  3. Thanks for the feedback - let me rephrase the question. In the clause 52.215-12, is "the date of agreement on price or the date of award" referring to the relationship between the Government and the Prime or between the Prime and the Subcontractor?
  4. If a Prime Contractor is awarded a Firm Fixed Price contract what are his obligations for requiring Certified Cost or Pricing data from subcontractors? Are Prime contractors required to obtain Certified Cost or Pricing data from subcontractors if negotiations with the subcontractors begin after the Prime submits their Certification?
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