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  1. We are a veteran owned small business and submitted (and won) on a large multi-award IDIQ. At the time of proposal, the USG wanted ceiling rates to be established; however, we had not had a DCAA audit prior to submission. We naively established ceiling rates; however, we have a few hundred thousand dollar cost adjustment on a CPFF task order based on our DCAA incurred cost submission and acceptance. We are trying to determine if we have any recourse to adjust our ceiling rates. Through our research we have found some references and articles; however, we cannot tie together these articles into our specific IDIQ FAR/DFAR clauses. Bottom Line Up Front (BLUF): 1. Will the discussion board address which FAR clauses need to be in my IDIQ for the USG to enforce ceilings on a specific Task Order (CPFF)? 2. Are there are any other insights the group has on addressing this successfully with the contracting officer? Here are the articles: http://www.wifcon.com/discussion/index.php?/topic/2654-request-to-increase-ceilings-of-indirect-rates/ http://www.wifcon.com/discussion/index.php?/topic/2659-ceiling-indirect-rates/ http://lostinregulation.blogspot.com/2016/10/indirect-rate-ceilings-on-cpff.html We also have been reviewing the FAR clauses below. FAR 52.216-7 -- Allowable Cost and Payment. I do not see where there is a discussion of ceilings, just agreed upon. This is in our contract. FAR 50.103-2 -- Types of Contract Adjustment. - This is not in our contract. (a) Amendments without consideration. (1) When an actual or threatened loss under a defense contract, however caused, will impair the productive ability of a contractor whose continued performance on any defense contract or whose continued operation as a source of supply is found to be essential to the national defense, the contract may be amended without consideration, but only to the extent necessary to avoid such impairment to the contractor’s productive ability. (b) Correcting mistakes. (1) A contract may be amended or modified to correct or mitigate the effect of a mistake. The following are examples of mistakes that may make such action appropriate: (i) A mistake or ambiguity consisting of the failure to express, or express clearly, in a written contract, the agreement as both parties understood it. (ii) A contractor’s mistake so obvious that it was or should have been apparent to the contracting officer.
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