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Contractor500

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Everything posted by Contractor500

  1. Yes, the contract number is listed on the form. Good point. It will probably won't cause any audit issues since the contract number is listed. Thank you!
  2. The company I work for was awarded a new contract. The CO stated that she has issued us a final DD254. This doc still has solicitation written at the top right hand corner. Is it necessary to ask her to remove the word "solicitation" from the top of the DD254 or are we just wasting her time and taking the chance of irritating her? Could this cause us any type of audit issues later at some point if we don't ask her to remove it or not a big deal? Thank you.
  3. All, I have run into a situation where FAR 52.244-2 is included in a new award. We do not have an approved purchasing system, therefore we would need to request consent for subs with certain contract types. But, the DD254 we were issued on this new award already lists the subcontractors. Are we still required to provide formal paperwork to the CO requesting consent for these subs along with supporting documentation? It seems like they are already approved if we have the DD254 with the subcontractors already listed. Just want to double check. Thank you.
  4. I have run into a situation where FAR 52.244-2 is included in a new award. We do not have an approved purchasing system. But, the DD254 that we were issued on this new award already lists the subcontractors. Are we still required to provide formal paperwork to the CO requesting consent for these subs along with supporting documentation? It seems like they are already approved if we have the DD254 with the subcontractors already listed. Just want to double check. Thank you.
  5. But, you still feel that consent to subcontract is not something we would have to worry about as far as non-compliance as long as FAR 52.244-2 is not in our contract?
  6. Could this mean that FAR 52.244-2 not being in our contract be argued by the CO at a later time if considered mandatory by the CO and therefore fall under the Christian doctrine and the clause would apply to our contract after all? As a result, possibly run into issues with compliance because we never requested consent to subcontract for our subs? I found information that states “The Christian doctrine provides that a mandatory statute or regulation that expresses a significant or deeply ingrained strand of public procurement policy shall be read into a federal contract by operation of law, even if the clause is not in the contract.” Is there a chance that consent to subcontract could fall under this standard? I found that courts and boards have held the following clauses as meeting the Christian doctrine standard: Disputes, Termination, Changes, Payment, Equal opportunity and clauses implementing provisions of the Buy America Act, Truth in Negotiations Act (TINA), Miller Act, and Davis -Bacon Act. But, there isn’t a defined list of clauses covered by the Christian Doctrine.
  7. Retreadfed, Thank you for this great information. Good to know
  8. Thank you Vern! And thank you JRT132 for the clarification as well. I think I read c(1) too quickly.
  9. So, FAR clause 52.244-2 isn't included in the IDIQ. Do you both agree that we don't need consent since it's not in the contract even though it says the following in the FAR clause: (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that - (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; We don't have an approved purchasing system and the Task Orders are T&M and some are Fixed Price. I just want to make sure I'm interpreting it correctly. Thank you
  10. Thank you both! I appreciate the insight and guidance.
  11. Hi Vern, It's not for commercial products or services, mostly engineering services and project management services to the Gov't. Thank you
  12. Hello, I don't see a consent to subcontract clause in an IDIQ contract that we have. But, while in ecfr, I found the clause below. Does this mean that even if this clause is not included in our contract, we still need to request consent to subcontract at any point during the contract? We don't have an approved purchasing system. It's an IDIQ with T&M and FFP Task Orders. Just want to confirm. Thank you. 44.201-1 Consent requirements. (a) If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. Subcontracts may be identified by subcontract number or by class of items (e.g., subcontracts for engines on a prime contract for airframes). (b) If the contractor does not have an approved purchasing system, consent to subcontract is required for cost-reimbursement, time-and-materials, labor-hour, or letter contracts, and also for unpriced actions (including unpriced modifications and unpriced delivery orders) under fixed-price contracts that exceed the simplified acquisition threshold, for - (1) Cost-reimbursement, time-and-materials, or labor-hour subcontracts; and (2) Fixed-price subcontracts that exceed - (i) For the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For civilian agencies other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (c) Consent may be required for subcontracts under prime contracts for architect-engineer services. (d) The contracting officer's written authorization for the contractor to purchase from Government sources (see part 51) constitutes consent.
  13. I work for a small subcontractor and we had an issue with a sub that did not return government property (laptop). The company is headquartered in VA. Is it legal to deduct the cost of the laptop from the subcontractor's final payment of their invoice? Can we add this type of language to our subcontract's stating that we can take this action? Thank you.
  14. Thank you Vern! I did some searching but couldn't find the specific answer to my question until you sent the link. I appreciate you taking the time to help. Other than NCMA magazine and the FAR, what other reading materials do you find to be the most helpful?
  15. The company that I work for is bidding on something with a 16.5 M Size standard as a JV. They have an unpopulated JV. Is it the revenue itself, which would be zero for this JV with no work awarded to it - or does any of the past 5 years of revenue for each JV member come into play when bidding?
  16. The company I work for is a small business, therefore CAS isn't applicable because of that fact, correct? Does this mean that 52.230-1 can be skipped when filling out reps and certs for a proposal? Thanks.
  17. It's the rate we bill the customer
  18. Does any of this sound like a red flag on the part of the Prime?
  19. Yes, that's correct. My question is whether the Prime can actually pay us less for an hour of on-call duty which should be labor. They want us to bill this as an ODC, but since this is labor, can I say that we must bill this to labor and not as an ODC? Is there something in the FAR that backs this up? Not sure if something like this is allowed. So, would like your thoughts on this. Thanks.
  20. Hi! We're a small business and we have an IDIQ with 5 Task Orders currently. It's Cost plus award fee. We have been funded less than 750K and since we are small business, does that mean we are not subject to CAS? I didn't find anything in the subcontract regarding CAS. Thank you for your help!
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