Dormer30

I have inherited a service contract for some IT services which was previously done as T&M. We are no longer permitted to use T&M contracts, so it must be done as a FFP. The requirements have some need for OT and contingency/emergency services. How can I best incorporate an equitable payment to the contractor for working beyond their normal work hours on a FFP? Can I just give an estimated OT hours in the RFQ and have them incorporate that into their overall price? Any ideas will be appreciated.

Actually the structure is simply by tasks - for example the estimate for CLIN 0001 is for 2,300 PDAs. So in that year the contractor invoices (monthly) how many times they worked on that PDA. So after a year they should have worked on 2,300 if the estimate is exact. The contractor is expected to price each CLIN using whatever fully burdened labor category(ies) they choose from their GSA Schedule. The contract CLIN will just be a price for what it will take the contractor to do the job. CLIN 0001 PDAs 2,300 ea $32.25(U/P) $whatever 2,300 x $32.25 is.

I am fairly new to the fixed price world and I have a conundrum. I have a requirement for IT services being done via GSA. The CLIN structure is 47 CLINs for the different tasks required with an estimate as to how many will be done in each year of the contract (1 base plus 2 options). The estimates are the same for each year. It will be funded on a bottom line basis and not per CLIN. My questions - What if we do not meet the estimates (which we are sure not to). If the actual numbers are smaller what do I do with the remaining money? Isn't it already promised to the contractor since this is fixed price? On the other hand, what if the estimates prove to be less than what is actually required - can I add money? That seems like incremental funding which is generally not allowed on a fixed price contract. I apologize if this is a rudimentary question, but like I said I am new to fixed price contracts and would appreciate any advice. Thanks.

It is for the provisioning of enterprise networking, implementation, fielding and sustainment support for the development, adaptation, deployment, and sustainment of infrastructure and computing environment. There is the Prompt Payment clause in the contract and FAR 52.232-33 (Electronic Funds Transfer). Like I said, I am used to paying for actual costs incurred so this has me buffaloed. Seems like there should be some kind of Payment Schedule and not just flat, monthly payments. BTW - we inherited a bunch of similar contracts from elsewhere.

This is probably a really stupid question, but I am used to that. My background as a contracting officer is in the area of Cost contracts, so I am not that familiar with how Fixed Price contracts are paid out. Does the contractor simply divide the total amount of the contract by 12 and then invoice monthly? Or does he have to submit his invoice showing the work they accomplished during the invoice period? The only clauses in the contract relative to payment is DFARs 252.232-7003 (WAWF Clause). Or is it something to be worked out between the contractor and the customer? Any advice is appreciated. Thanks.

I believe when evaluating past performance as part of a Best Value evaluation, that if a company fails to provide any past performance then we simply rate them as "Neutral." Neutral is the word we use in lieu of "Not rating them favorably or unfavorably." I have a company who rated Neutral in past performance, but Exceptional in all of the other tech factors. Since I cannot use Past Performance unfavorably, I can still rate that company "Exceptional" overall, right? I am getting conflicting guidance from Legal and another contracting level. Anybody have an opinion or have this happen? Thanks, John

Formerfed - Since we've always used a BAA in the past, some of the reviewers were questioning both the adequacy of an RFP and the "legality" (for want of a better word) of an RFP. Your response covers both bases. Thanks for your reply. And thanks to Vern and Don for your feedback. It is much appreciated. John

I have an R&D requirement that previously was done under a BAA. However, I believe that it should (could?) be done as an RFP as it is a purchase of services for a specific program with a SOW that can be used for trade off purposes. FAR Part 35 talks about BAAs, but doesn't preclude the use of RFPs; it just doesn't mention them. My question - is it appropriate to use an RFP for R&D? Has anyone done R&D under an RFP? Thanks, John

One of my contract specialists has a requirement for some employees to attend a conference at a hotel. The contract they want calls for payment of the rooms and food. Isn't there a restriction against this? I thought government employees were supposed to use their travel card for this type of travel. I could not find anything definitive, so I was hoping someone could help me out. thanks.