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Gold and Marooned

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  1. Hello, Company wants to hire a vendor that offers software to manage DBA compliance. Please let me know if you have firsthand experience working with a vendor that you recommend. Or if you know of vendors to avoid. Thanks
  2. Thank you @Fara Fasat. Another question: Under the same facts (and yes, the TAA clause applies), but instead of manufacturing the construction material, we are manufacturing a component that our customer will manufacture into the final construction material at its facility in the US. Could we source raw material from a designated country to use in manufacturing our component? Could we source it from a non-designated country (e.g. China or Russia)? Does the answer change if the raw material is iron/steel?
  3. Hi all. We have a construction subcontract that includes the clause 52.225-11 Buy American—Construction Materials Under Trade Agreements. We want to source components from a designated country and then manufacture the construction material at our facility here in the US. We are being told that does not comply with BAA and is not covered by the TAA waiver. Is that true? If the contractor could buy a construction material made in a designated country, why can't my company buy components from a designated country and do the manufacturing here? What am I missing? Thanks for any insight you can offer.
  4. Thanks @ji20874. I really appreciate the help on this one. Our company actually is winning every task order. We just want to make sure we are quoting the task orders the correct way, and I have been tasked with figuring out how to do it. To allocate risk more favorably, we (obviously) would like to build a labor-hour cushion into our quotes. I am trying to figure out how much of a cushion we can include without running afoul of the rules. I am struggling to find anything in the regs or guidance to serve as a guidepost.
  5. Super interesting. So, getting on the GSA schedule gets a contractor special bidding access, and then the contractor can effectively price the quote however it wants, subject only to some undefined outer limit constituting fraud. I thought the labor rates in the GSA schedule were supposed to be fully burdened rates inclusive of profit, etc. It seems strange that a contractor could effectively add more profit at the task order level by intentionally overestimating labor hours.
  6. Thanks for the response @ji20874. I read the first, second, fourth, and fifth sentences of that clause as applying to both FFP and T&M orders (with the third sentence applying only to T&M). In other words, a FFP task order would still need to identify the labor categories, estimated number of hours, and any open market items, but it wouldn't include a not-to-exceed price. Assuming I am wrong, my questions are: What rules govern how the contractor must price a FFP quote? For example, I presume the contractor would need to base its quote off of the labor rates in the GSA schedule. What is stopping the contractor from basing its quote off of higher rates? May the contractor overestimate the number of labor hours required to perform the work? Really appreciate the feedback! Thanks.
  7. A contractor holds a GSA schedule to provide services. The schedule is priced with hourly rates that differ by labor category and geographic region. Work orders under the schedule are competitively bid and are placed on a firm-fixed price (FFP) basis. I am wondering what pricing constraints there are on the contractor when submitting quotes for work orders. For example, is there anything (other than competition) preventing the contractor from doubling its estimate of the number of labor hours required for a work order? The solicitation contains the following clause: SPECIAL INSTRUCTIONS FOR PRICING ALL SERVICES ON AN HOURLY BASIS AT THE TASK ORDER LEVEL (a) Total price Services will be established at the time the Task/Delivery Order is placed by the ordering agency and will be based on the prices awarded in the resultant contract. The estimated number of hours negotiated with the ordering agency and the labor category (ies) provided will be shown on the resultant Task/Delivery Order. If the agency Contracting Officer has made a Determination and Finding (D&F) that it is necessary and in the best interest of the Government to purchase from these SIN(s) on a Labor Hour or Time and Material basis, the resultant Task/Delivery order shall specify the Not to Exceed price, showing the Labor Category (ies) proposed (with the hourly and daily rates for each) the material proposed with unit price for each, and any Other Direct Costs (ODCs). All prices/rates proposed must be derived from the awarded GSA schedule contract prices/rates awarded. Any item (ODC) proposed that are not derived from the GSA contract prices awarded must be identified as “Open Market Items” which can only be awarded at the task order level in accordance with FAR Subpart 8.402(f).
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