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JackSparrow

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  1. Hi Forum, Looking for a couple good seminars/webinars for government contract contract managers working for government contractors. Already have taken the FAR Bootcamp. Any recommendations would be welcome. Thanks.
  2. Hi all. Thanks for the prompt response! At this point, we don't actually have the numbers on the contract, it's just a theoretical question of whether or not it was disallowed. My company is not a small business due to rules of affiliation but we are a small unit of the parent company. In this case we are just talking about ODCs, not all costs. Thanks again!
  3. Have a situation where a Prime Contractor wants to give my company (the subcontractor in this case) more than 50% of the other direct costs (ODCs) under the Prime Contract. Couldn't find where that was expressly prohibited by the FAR. I don't have the Subcontract in this case and don't know what FAR clauses where used under the Award. Any advice is welcome. Thanks in advance!
  4. Hi Wifcon, My company won an IDIQ contract back in 2014. The contract Period of Performance was from 2014-2024. At the time of the award we were a small business. The IDIQ was awarded us an administrative task order every year and 3 additional task orders to run clinical trials. In 2017, the company was acquired by a large business and we lost our small business status through rules of affiliation. The 3 additional task orders were awarded after we were acquired. At this time we did not have a small business subcontracting plan and we notified the Contracting Officer and Specialist that we were no longer a small business and updated our SAM registry. Recently, the contracting specialist conducted an audit and noticed we did not have a small business subcontracting plan and requested us to put one in place. We are currently doing so. I reached out to the contracting specialist regarding the base amount on which to base our small business subcontracting goals. He responded that we would use the actuals of the previous awarded Task Orders and the projected estimate of the remaining three years of the contract. I have no problem with estimating the remaining three years. What I don't see as correct is basing the goal of the actuals of the awarded Task Orders that were not subject to a small business subcontracting plan. I feel this will set us up for failure as all of that work has already been performed by other than small businesses. From reading FAR 52.219-9 (c)(1) it states [T]he Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. I feel the correct time period to consider is future task orders, not previous ones awarded prior to the request. The proposed goal percentage is 33% small business. Any thoughts or advice would be welcome. Thank you for your consideration.
  5. My company recently won an OTA worth Approximately 45M as a non-traditional defense contractor. A non-traditional defense contractor is defined by statute as “an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to the full coverage under the cost accounting standards (CAS) prescribed pursuant to Section 1502 of title 41 and the regulations implementing such section.” The award did not include any language regarding CAS coverage. My understanding is that a CAS covered contract means any negotiated contract or subcontract in which a CAS clause is required to be included. 48 CFR § 9903.301. I know the normal rules of the FAR acquisition process do not apply to OTAs. My question is does the contract count as a CAS covered contract and therefore the $45M would need to be counted against possible future awards and my company's status as a non-traditional defense contractor? Once again, there is no CAS clause in the contract. We are not a small business due to affiliation rules but are run separately from our parent company and affiliates due to our security clearance status. Any help would be greatly appreciated. Thanks.
  6. As a follow up, I found MD Helicopters Incorporated v. United States of America, et al., No. CV-1902236-PHX-JAT (D.Ariz. Jan. 24, 2020) to hold that the limited waiver of sovereign immunity contained in the APA did not apply and the court lacked jurisdiction under the ADRA’s sunset provision and left room to refile in the proper jurisdiction. In that case, the Plaintiff MD Helicopters, Inc. ("MDHI") alleged that Defendants the United States of America, the United States Department of the Army, and the Secretaries of Defense and the Army in their official capacities (collectively, "the Army"), violated the Administrative Procedure Act ("APA") by giving arbitrary and capricious reasons for not selecting MDHI to participate in the Future Attack Reconnaissance Aircraft Competitive Prototype ("FARA CP") program.
  7. Thank you all. This has been helpful. Appreciate it.
  8. My company is new to bidding on contracts that come out using Other Transaction Authority (OTAs) and recently lost an award. My CEO is asking whether we can protest. My initial research indicates that OTA awards are not subject to protest. Some research indicates you could challenge an agency's initial decision to use an OTA but I assume that would have to be made at pre-proposal stage, not after award. Looking for any feedback confirming this or general experiences dealing with OTAs. Thanks.
  9. Update: We filed a pre-award protest stating that the requirement that direct labor rates be substantiated only with payroll stubs is unduly restrictive; is unstated evaluation criterion; and the agency abused its discretion in conducting discussions. We will see how it goes.
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