pmh

Is there a difference between telework and remote work?  Can't find much info on it, but the questions been asked.

I don't know if all DoD agencies will use it, but this one is from the Office of Naval Research website.

Subcontracting Plan ONR 2013 template.docx

What contract type do you have?  If it's a Time and Materials type, then you acquire supplies on the basis of "actual cost for materials".  See FAR 16.6.

Tj, it may vary by agency. For some reason it won't let me add the subaward link here, but if you go to www.nationalacademies.org, under their documents section, they have a template that NIH put together to conform with the new Uniform Guidance requirements.

It's from the agency's internal acquisition regulation. It's in our CR type contract.

There's no introductory portion in the specific clause, at least not the Aug. 2011 version. There is also no language that states it needs to be flowed down to subcontractors.

Roberthalf.com

McGladrey is one.

Also, be as specific as possible. Include version numbers of the software and dates if available.

The new Uniform Guidance at 2 CFR 200 is applicable to universities and educational institutions. Specifically see 2 CFR 200.319 for competition.

Just because your prime contract is CPFF, doesn't mean your subcontracts have to be CPFF as well. It depends on what the requirement of your subcontract procurement is.

• Would this new rule apply to Nonprofit Organizations? This rule only references changing FAR 31.205-6, as a nonprofit we follow FAR 31.7. We always have the Allowable Cost and Payment clause tailored to add Alternate IV, which replaces 31.2 with 31.7. Although 52.216-7 does mention that established rates will be in accordance with FAR Subpart 42.7, which contains 10 USC 2324 (a).

• The federal register article above states "all" contractors, not just for-profit.

Thanks dcarver, they actually issued the modification unilaterally. I'm looking into the REA now.

^{We just had the exact same supplement added to the WAWF clause in our contract. Don, what was your resolution to this problem?}

Each situation will be different, but a good starting point is FAR 35.006: "( c ) Because the absence of precise specifications and difficulties in estimating costs with accuracy (resulting in a lack of confidence in cost estimates) normally precludes using fixed-price contracting for R&D, the use of cost-reimbursement contracts is usually appropriate (see Subpart 16.3)."

A grant is not a contract. As a nonprofit also that has many grants and contracts, this needs to be drilled into our staffs heads daily. See the definition of contracts under FAR 2.101, it ends "Contracts do not include grants and cooperative agreements".

A grant is a financial assistance award with very little oversight, and are subject to different policies (NIH grant policy statement, DODGARS, etc.), instead of the FAR, HHSAR, or DFAR.

The OP is a nonprofit and would use A-110 which uses the terminology "subaward" or "subrecipient", not "subcontract" or "subcontractor".

Subawards are issued under grants and subcontracts are issued under contracts. There are some instances that you can have a subcontract issued from a grant, but they must include the requirements at 45 CFR 74.48.

Yes, contractors are given a chance to respond. The CPARS systems sends them an e-mail notification that a review has been done. They need to log into the CPARS system and respond if they choose, or they can choose not to respond. They have 30 days to from the day they receive the e-mail notification to respond.

The matrix in the back of the FAR should help.

One of the hurdles was would the receiving agency have any issues with accepting the mandatory flowdowns, including the other agencies flowdown requirements for a subcontract. The CO was fairly raw and had no idea if he could even accept them. In the end, we went the CRADA route and it seems to be working OK.

We included this subcontract in our proposal to NIH. It's not a large dollar amount, so the financial risk is low.

I was looking into CRADA's yesterday, they appear to be designed more for a cost share relationship, which this isn't. I haven't done one before, but I need to do some more research into those, it may still be an option, thanks.

Might be a strange question, but I haven't been able to find any reference in the FAR. Can a prime contractor under a federal contract with one agency issue a subcontract to another federal agency (small Navy lab). It's for a small portion of R&D work. I haven't found anything that says we can't do it.

ESI International offers one as well.

The cost impact is low. It's not that they don't reimburse certain items, it's that our limits are slightly higher than the FTR's, and we don't use per diems. The biggest impact is that all of our contracts follow our travel policy per the Cost Principles, and now we have to comply with FTR on this one, and it just creates an extra "step" (different procedures) that our finance people have to account for. We want consistency in contracting and this throws a wrench in there (granted its a small one).

Plus, I don't like being told I'm wrong, when I'm not.

pmh,

This question seems to merit either a lengthy reply going into legal stuff, or a pithy one. I choose pithy. If you want a deeper reply, you'll either have to wait for somebody else or hire an attorney.

My reply: You are correct. But so what? It's not a matter of FAR vs. A-122 or privity of contract or tailoring terms. It's a matter of negotiation. Either accept the terms or push back and seek different ones. How hard are you willing to push back?

If you accept the terms, how much more work will it be for you? Seek increased profit to cover the delta.

Hope this helps.

Here_2_help, thanks for the reply. Unfortunately I recently inherited this subcontract, wasn't involved in the negotiation, and it was already signed by our institution. I was seeking a modification to tailor the travel clause. I realize the "you signed it, live with it" is probably what we will have to do, but I was hoping for some added ammo for my agrument. It's happened here before, and I've always gotten the primes to change it, this is the first time anyone has refused.

Generally, the prime is flowing down the requirement of its contract with the Gov't. What does the prime contract say about travel?

What type of contract is the prime contract- cost reimbursable?

What does the proposed subcontract travel clause say about travel?

Their prime says that they have to comply with the FTR (they're a large biz), because of privity of contract, that shouldn't matter to us. The subcontract clause they are flowing down is saying the same thing, that we must comply with the FTR, but I think they should tailor the travel clause to suit the appropriate type of subcontractor.

It's a T&M subcontract.