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About lawyergirl

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  1. Thanks, Jacques! Can you explain what you mean by pre-appointment waiver?
  2. It’s a services contract. We select qualified specialists to fill certain spots.
  3. The KO asked that we not provide candidates that have such issues. But I’m concerned from a company liability standpoint that we are making the call instead of the government customer, and potentially turning away good candidates without seeing if they could make it through the process.
  4. Hello: As a government contractor, if you collect the paperwork for (secret) security clearance submission (from potential candidates whose job offers are contingent upon successful security clearance), and the candidate lists past drug use or some other potentially disqualifying factor, what do you do? On one hand, the candidate might still pass clearance so I can understand that’s it is not up to the contractor to pull the candidate from the running. On the other hand, the security clearance process is expensive, and it’s a waste of taxpayer money to put a candidate through the process in any respect if there is a good chance of rejection. Does anyone have guidance to offer on this question. Thanks so much in advance!
  5. Apologies I think I just reposted my last question by accident! So, if the GSA Schedule contract itself counts as one contract, do you think each award/order under the Schedule counts as an additional contract? Obviously, it would be great if the reverse was true -- that the Schedule itself counts as one contract, such that anything awarded underneath it does not count towards the three over two. Separately, if this is a JV with the protégé being an Alaskan Native Corporation, is the JV still subject to the three over two rule?
  6. Thanks again, Retreadfed! Does the GSA Schedule itself count as one award towards the 3-over-two rule?
  7. Thanks again, Retreadfed! Does the GSA Schedule itself count as one award towards the 3-over-two rule?
  8. Thank you! Two follow up questions: 1. Are 8(a) JVs exempt from the 3-over-2 rule? 2. If not, Does the award of a GSA Schedule itself count as one award, such that any task orders or BPA calls under the Schedule are counted as a going towards a single contract?
  9. Hello: We have a mentor/protégé SBA JV with its own GSA Schedule, and that JV would like to submit solicitations for BPA work. Under the SBA rules to avoid affiliation, the JV cannot be awarded more than three or more contracts in three years (3-in-2 rule). If the JV wins a BPA, does each task order awarded under the BPA count as a contract award under this rule? Or is the BPA itself considered one contract award? I understand that ordinarily a BPA is a vehicle only, and that orders under the BPA are considered the contracts themselves. But is this also true in the JV context? Thanks so much for any practical guidance here!
  10. Hello: Yes, this is a small business set aside contract and time and materials (I should have mentioned this previously!). I know there are potential implications from a small business affiliation perspective (e.g., for purposes of this contract, both the prime and sub can be deemed affiliates). Putting that aside, I was hoping there is something I could solidly point the CO to, as an indication that bounds are being overstepped.
  11. Hello: We are the prime on a contract and have an interesting subcontracting issue being presented. The assigned CO has a professional friendship with, or affinity for, one of our subcontractors. Out of the 12 funded positions we have been awarded, 11 of those positions are staffed by the subcontractor's personnel at the CO's specific request. As the prime, we have one position that is filled by our FT employee in XX role, but that employee is about to go out on maternity leave. The CO relayed that even though the XX role is funded, there is not enough work for the XX role, so the CO does not want it backfilled. This would essentially leave no prime employees on the contract. We are where we are, but this does not sit right. I understand that the prime needs to exercise control over the contract. Does anyone know of any FAR provisions or other regulations that come into play here? If we can site to some regulations that prohibit subcontractors from controlling prime contracts or that prohibits some of the other behavior that is essentially 'pushing' out the prime, I would be very grateful! I looked in the contract but I don't see anything particularly helpful for this issue. Many thanks!
  12. Does anyone have thoughts as to whether salary information may be considered private information pursuant to the new Food Marketing Institute ruling? The Supreme Court decided Food Marketing Institute v. Argus Leader Media, No. 18–481, holding that commercial or financial information that is customarily and actually treated as private by its owner and provided to the government under an assurance of privacy is “confidential” under Exemption 4 to the Freedom of Information Act (FOIA) and is therefore shielded from disclosure. Thanks so much in advance!
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