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Found 3 results

  1. Greetings Contracting World, What a pleasure to glean once again from this consortium of knowledge. Background: Joint Ventures present problems that some agencies are not willing to risk on highly sensitive requirements. Some of those issues include but are not limited to; Governance and operation issues, financial issues i.e invoicing etc. Although, there are rules in place for the CO's to monitor the aforementioned sometimes it just does not work and the customer suffers in the end with requirements being held up and the snowball affect. Question: JV's are not considered a small business concern such as women owened, Vet Owned, HuZone, HBCU etc. Does the Government legally reserve or should I say can the Government Reserve the right to preclude JV's from proposing on a full and open requirement? If so, does this eliminate Mentor Protege' JV's from submitting as well? Any guidance would be appreciated. The recent changes to the Mentor Protege and Large + Small = Small has sparked such conversation in my office. Thanks Again!
  2. Hi All, Long time reader, first time poster. I'm doing evaluation on a competitive FAR 15 cost-reimbursement contract. Most of the primes have submitted subs providing full cost and pricing detail as required in FAR 15 to determine fair and reasonableness. However, some primes, for some subs, have only submitted T&M loaded rates or in some cases only one amount with no LOE to back it up for what they claim are their commercial subs. During discussions, where additional material was requested in order to determine fair and reasonableness, they claimed that because these subs are proposed as commercial subcontractors, it is not required and pointed to 52.244-6. I've dealt with commercial sub approval at the post-award stage before, but not at the pre-award. Any suggestions on material I should be requesting and am allowed to request in order to determine fair and reasonable cost? Its a very detailed requirement with different approaches, so price analysis is not really applicable.
  3. The procurement started out as a negotiated 8a sole source for the construction of a bridge. The contractor had requested approval to do some value engineering, which we agreed to, but could not accept after it was submitted. After months of trying to reach an agreement, the contractor stated he could not submit pricing as it was originally designed so the project was cancelled. Two months later he submitted a claim under the Contract Disputes Act for cost incurred on "value engineering". My position is that since a contract was never issued there is no legal authority for which to file a claim. Is that correct?
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