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Found 6 results

  1. FAR 52.219-14, Limitations on Subcontracting (Dev. 2021-O0008) provides an exclusion from the 50% LOS calculation where it says: The following services may be excluded from the 50 percent limitation: (i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases. Would a contractor be allowed to exclude transportation and disposal entity costs under a SBSA contract for Hazardous Waste Removal and Disposal assigned NAICS code 562211, using definition (2): This U.S. industry comprises establishments primarily engaged in (1) operating treatment and/or disposal facilities for hazardous waste or (2) the combined activity of collecting and/or hauling of hazardous waste materials within a local area and operating treatment or disposal facilities for hazardous waste. Various other related services, including analysis, recycling, non-RCRA waste disposal, packaging, tracking, industrial cleaning, etc., are also included in performance work statement, but the largest cost of the contract is the disposal entity. Additionally, 86 FR 44233, received similar question: 12a. Additional SBA Rule—Hazardous Waste Industry Comment: Six respondents stated the hazardous waste industry should be excluded from the limitations on subcontracting as disposal facilities and transportation costs are prohibitively expensive for small businesses to own and operate. Therefore, small businesses subcontract out these services, which would cause them to exceed the limitations on subcontracting. Two respondents stated environmental remediation requires the purchase of significant materials, which is similar to construction. The respondents requested these materials be excluded from the limitations on subcontracting. Response: These changes are included in SBA's final rule at 13 CFR 125.6(a), published in the Federal Register on November 29, 2019 (84 FR 65647). SBA's rule updates the limitations on subcontracting. A new FAR case would have to be opened to implement the additional changes, which require public comment under 41 U.S.C. 1707 prior to implementation in the FAR. Therefore, the suggested changes are not incorporated in this final rule. These questions can after SBA at 84 FR 65647, already said the following: In the environmental remediation industry (NAICS 562910), a large part of the cost of the contract is tied to the transportation and disposal of hazardous, toxic, and radiological waste. According to some SBCs in this industry that have contacted SBA, given the fact that these services are highly regulated and capital intensive, these particular transportation services can generally be performed only by other than small business concerns. For example, all the disposal facilities in the United States are large businesses, and most railroads and shipping companies that transport hazardous waste are other than small business concerns. This rule proposed to exclude transportation and disposal services from the limitations on subcontracting compliance determination where small business concerns cannot provide the disposal or transportation services. (…) Based on the positive feedback from industry, the final rule at 125.6(a)(1) adopts the language that specifies that the above-mentioned industries are excluded from limitations on subcontracting compliance calculations. The regulatory text provides that direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service, “such as” in the four identified industries (airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases). The regulatory text is not meant to be inclusive. It allows a small business in another industry in a similar situation to the four identified to also demonstrate that certain direct costs should be excluded because they are not the principal purpose of the acquisition and small business concerns do not provide the services. It appears 86 FR 44233, says the Hazardous waste Industry was excluded, but the mention of environmental remediation NAICS is so specific, it does not seem clear if HW removal/disposal NAICS 562211, could also use it.
  2. What part of your acquisition workflow keeps you up at night because it's just that painful and miserable? If you had a magic wand, how and where would you use it in your workflow? For example, what are the bottlenecks, inefficiencies or complete blackholes of time and effort? Susan
  3. WIFCON community, My team is in the second phase of a product specifically built for 1102s (Contract Specialists and Contract Officers), to help them efficiently identify rules/regulations/etc. that address questions that come up during their work, including: procurement of supplies, services, construction, or research & development evaluation of contract price proposals, and the administration or termination and close out of contracts. While designing this tool, we've found it challenging to find & run our prototypes by folks whose job it is to reference the FAR and its supplements, or other rules/regulations which might apply. This has led to some guesswork on our end. We want to minimize that guesswork, so our tool would actually meet the needs of 1102s (starting with our current customer). Some examples of invaluable insights I'm looking for (from Contract Specialists and Officers) include: what tools they use right now, and how effective they are (if at all) challenges posed by current duties that a tool like this could address how they'd use this tool — what queries would they make give feedback on prototypes If you are interested in helping, please reply below, or reach out to me directly. Otherwise, I’ll be posting some polls in the coming days & weeks. We’d appreciate any insights you can provide. Thanks a million! Dave Marsee Senior UX Designer ARiA (Applied Research in Acoustics) Dave -dot- Marsee -at- ariacoustics -dot- com
  4. Hello my Contract and Subcontract friends! It seems a pretty important update/change to the FAR escaped my notice. I'm curious how you all stay updated on the many evolving rules/regulations/best practices/etc. Any advice is appreciated!
  5. So I stumbled across this delightful sounding concept while looking at FAR updates and thought, Oh boy, someone is trying to really help out small businesses figure out what they need to do to comply with the regs. Then I started looking around and I must say I couldn't see any difference between the "Small Entity Compliance Guide" and what I have always seen in a DAC. Is the Small Entity Compliance Guide just a way, as we would have said pre-internet, a way to kill more trees? What am I missing here?
  6. On what seems a very frequent basis, folks within the acquisition community are bombarded with new rules, regulations and policies. However, FAR 1.102-2( B ) speaks to the matter of minimizing administrative operating costs. "(1) In order to ensure that maximum efficiency is obtained, rules, regulations, and policies should be promulgated only when their benefits clearly exceed the costs of their development, implementation, administration, and enforcement. This applies to internal administrative processes, including reviews, and to rules and procedures applied to the contractor community." While I recognize the non-mandatory nature of the operative "should", I am curious as to whether anyone believes this provision relegated to nothing more than some inconsequential page filler. If SO or if NOT, why?
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