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  1. Medical commodity council contracts. We are placing TO's for various SCA contract positions in hospital. Of course, 52.222-43 requires contractors to no price in any contingency for wage or fringe increases that would be covered by 52.222-43. Specifically, para b of 52.222-43 says, " The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause." The contractors all propose a base rate and fully burdeoned rate. The fully burdoned rate is multiplied by NTE hours for each CLIN. This gives you an evaluated price for each year. Well, because the have to propose a base rate (which is used in conjunction with your market research to assess lieklihood of filling position at proposed rate?) in addition to the fully burednod hourly rate, we can see that they included an increase which violates 52.222-43. There is no provision for the ordering CO to request or allow the vendor to modify their proposal. Normally you would think that if they escallated and no one else did, it would sort itself out because the evaluated price would potentially be higher based on inclusion of escallation where others don't. However, this is not the case. So the question is, if a contractor includes escallation for a SCA covered position, how is the proposal handled? Is it responsive if they clearly violate 52.222-43( which is included in the basic contract? Or would you evaluate it as submitted but deny any EA as a result of increases in option years if the WD increases on the basis of they already included contingencies for it in their proposal? Remember, we cannot ask the contractor to revise their proposal. I've searched and cannot find anything.
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