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About nlevit

  • Birthday 03/12/1963

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  1. If the definition of a T&M rate at 16.601 is a fixed labor rate, how can a T&M labor rate be variable?
  2. If you're asking if an IDIQ contract could include maximum prices which cannot be exceeded during task order "fair opportunity to be considered" scenarios, I'm not aware of any prohibition on such a practice. We do it in my office. We include language in the schedule that the contractor may offer lower prices during task order competitions or negotiations. ji I'm not asking that at all. I am asking if a person can ask for a "Ceiling T&M Rate". I. E. A Ceiling rate for a Sr. Electrical Engineer. therefore if we provide for 50 hours of Sr. Electrical Engieer work, there could possibly be several different rates charged for the Sr. Electrical Engineer on the invoice.
  3. I am speaking to issuing an IDIQ subcontract to a Federal Prime Subcontract with all the Ts & Cs flowed down. the Prime is IDIQ with both CPFF and FFP task orders possible. Both CPFF and FFP labor rates were provided in the proposal to the Government. That being said, when issuing an IDIQ subcontract with T&M task orders or T&M subcontracts for a Government Prime, can those T&M rates be Ceiling rates so that per task order the labor rate for, say, a Senior Engineer can be different than which is stated on the subcontract in section B.
  4. Time and Material Rates: I have been having discussions with my Director, the Director of Finance and our internal auditor because I have been told by those three people that T&M labor rates are flexible and that one can ask for "Ceiling T&M Rates" I have quoted FAR 16.601, specifically sections b, and c (2). I am still told that I am incorrect, yet no one has been able to point out a FAR clause to show where i am incorrect. Please let me know if there is another FAR Clause regarding T&M rates which speaks to the fact that they can be flexible and a subcontractor can propose "Ceiling T&M Rates".
  5. I am administering a CPFF subcontract and the subcontractor would like to extend the period of performance for 2 months without charging costs. would it be better to write a new subcontract that is FFP with $0.00 value? Basically the subcontractor is willing to finish the work and eat the costs to look good to the ultimate "government customer".
  6. I have read Subpart 5.5 and please correct my interpretation, if i'm wrong, but this subpart allows a government contractor to issue a subcontract with an adversiting firm or radio station and pay them a commission, or a %fee over the cost of placing the add (as in a magazine, or on a bus) thanks I know that this is probably a basic question, but i have found no help at my company where i work. I am getting ready to write a IDIQ subcontract for a Radio Station for them to advertise (bed rest studies) for our company for a government study. My problem is how do I right a multi year subcontract without firm pricing. this can be single year s/c with option years. The market for adversiting spots is very volitile and the radio station does not know what the price for the "spot" will be until we turn them on for a particular task order under the IDIQ (we will then know the days of the week /time of day that we want) and then the people at the station will calculate that from the then current rates that they have. At our company we are required to have priced rates for the basic and the options. is that a FAR requirement, or may i write up the s/c as an IDIQ with the "floor and ceiling" stated, and then when i go out for RFP for each TO, then provide the price for that particular task.
  7. thanks. i will negotiate one of those ways of billing.
  8. I have to issue a new contract to an advertising firm. they design and place adds for us in mulitple types of media: magazines, sides of buses, etc. I know that the part of the subcontract where they are designing the adds will be T&M for their time and materials. The also do the research and place the adds and then charge the cost of the advertisement back to our company plus a fee based on the cost of the add. I know that cost plus % of cost is illegal, but what type of subcontract will the second part of the work be considered? thanks
  9. I have spent several hours looking for a FAR clause to put into a subcontract which requires certain clauses, especially insurance requirements be flowed down to a lower tiered subcontractor and can not find such a "beast". my gut tells me that it is there. any hints out there? thanks
  10. I have a T&M subcontract with Task Oders associated with it that ends 9/30/09. My director wants me to issue a task order against it with a period of performance through 12/31/09. At this company we work that if there are not any options, the period of performance can not be extended and when the subcontract ends, it ends. I am of the opinion that given those criteria, i can not issue a task order which extends past the period of performance of the overall subcontract. I think of the basic subcontract as an over reaching unbrella and the task orders as little items which have to stay within the boundries of the basic. Please let me know if my consept is correct. thanks (i want evidence in order to let my director know that he is incorrect). Nancy
  11. To further the discussion. If this was a new procurement and all that one knew about it is that there is a set price per word and there is no way of knowing ahead of time how many words or documents would be translated from the other language, then what type of vehicle would be the best way of subcontracting with the subcontractor to minimize the risk the most for the company? Thanks for your inputs.
  12. I hope that i put this in the right area. I just started with a NASA contractor (Y) and while with a different contractor (X) it was a practice to write change orders (amendments) to extend the period of performance even if there were no options issued with the subcontract. the current company that i work for (Y) management states that since the FAR only speaks to exesion of the period of performance in the clauses pertaining to having priced options in the basic subcontract, a contractor can not issue a subcontract change order extending the period of performance. The other question i have, is: besides 52.217-4 through 52.217-9 and 17.202 through 17.208 are there other clauses which pertain to the issuance of Options? Thanks
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