FAR out

We are bidding on a contract that requires a proprietary software to be updated during the contract period. We received a quote from the company that owns the software and will come in annually to update it. A question came if this company should be treated as a Subcontractor (which of course affects our subcontracting goals) or if they are considered a vendor and should be treated like an ODC.

I have searched the RFP to see if they define either of these terms with no luck. I have found the term subcontractor defined in FAR 44.101 but cannot find a clear definition of vendor.

Can someone point me in the right direction?

A client bid on a task order last year. The award went to another contractor. The government has sent a letter stating they are doing market research on this contract and would like all IDIQ holders to submit another cost proposal. The government sent revised staffing that they would like the offerors to submit against. Is it possible for the government to make an award based on these revised proposals? Would the government need to issue a formal RFP if they find other offerors have a lower price based on their market research?

What are the main differences between the Code of Federal Regulations and Federal Acquisition Regulations? Does one take precedence over the other? In what instances is the CFR applicable and when is the FAR applicable?

Thank you both for your replies. This information really helps!

I have an overseas T&M contract that has a danger/hardship pay allowance applied. If for instance the allowance is 5%, is the 5% only applied for the 1st 40 hours of compensation on base salary or is it on total base salary? The government is directing the employees to work 60 hours. Can I apply the 5% to all 60 hours of compensation or only on 40 hours?

Agreed. Thanks for your help.

Thank you, I believe the contractor wanted to cover their costs in the base year in case the options were not exercise. The work does not decrease in the option years but I think they could argue that the pool of qualified applicants may be greater as time goes by if these positions become eliminited which could happen.

Thank you both. I suspected that it is not an OCI but wanted verification.

If a consulting firm manages (includes pricing) the same contract for a prime contractor and a subcontractor are there any potential OCI issues? Both companies are aware of the agreement with the other company.

If a contractor de-escalates the salaries through out all of the options (base year salary is higher than the option years) on a FFP type contract, is this considered unbalanced pricing? Would this throw up red flags for the government? I believe they are trying to capture their costs in the base year in case the options are not exercisted.

Thank you!

I am preparing a cost proposal for a client for overseas work. DBA insurance is applicable and should be proposed per the RFP. The client would like to apply G&A and fee on top of the DBA costs. G&A is fine and is in line with their standard accounting practices but I don't believe applying fee to DBA costs is appropriate. Am I right about the fee? Can someone direct me to where I can find back-up to support not adding fee so I can show the client?

Thank you Vern. I will review Subpart 9.5.

We are bidding overseas work as a subcontractor. This work requires that our employess are sponsored. The prime contractor is requesting that we use a particular company for sponsorship. We have recently been notified that the prime contractor also owns the company that sponsors employees.

Could this potentially be an OCI? Is there any place in the FAR that will help us in determining if an OCI exist?

Thank you.

Per the FAR, how long should a proposal be valid for if it's not stated in the soliticaiton? I was thinking 60 or 120 days....

This is part of the same paragraph:

Offerors must represent in good faith that at the time of their written representation, they are a small business in accordance with the NAICS Code and small business size standard applied for this requirement.

Thoughts?

We were a small business when we were awarded an IDIQ. We have since graduated to a large business but have been grandfathered in as a small.

We would like to pursue a set aside task order for a small business under this IDIQ. The task order response states: This requirement is an exception to the fair opportunity process as per FAR 16.505(b(2)(i)(F). This task order is set-aside for small business concerns. Task Order Responses received from concerns that are not small business concerns in accordance with the NAICS Code and small business size standard applied for this requirement shall be considered nonresponsive and will be rejected in accordance with FAR Clause 52.219-6.

Does this mean we cannot go after this as a prime? I understood that it was up to the individual contracting office to determine if they will allow a large business that was grandfathered in as a small to prime.

Can someone help clarify?