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Found 20 results

  1. Reference Interim Rule for FAR Case 2019-009 published July 14, 2020 in the Federal Register - https://www.govinfo.gov/content/pkg/FR-2020-07-14/pdf/2020-15293.pdf Ultimately, I would like to know your opinion whether a bilateral contract modification should be pursued to update FAR 52.204-25 to the newest AUG 2020 version. The clause is currently included in my IDIQ commercial services contract. The contract base and all options is anticipated to be 60 months in length, estimated total $12M. The contractor completed their representations in SAM for provisions 52.212-3(v)(2) and 52.204
  2. Is there a monetary threshold (limit) when a new requirement relating to a current contract cannot be modified into the contract, and when a new contract should be issued for the requirement? Is there a relevant FAR clause? For example the government procures phone services, which also requires the phone devices. The RFP mentions the device but offers no place to quote on the devices that are necessary, a contract is awarded for one base and four option years. A few months after the award the government uses that statement in the original solicitation (RFP) devices will be purchased separately
  3. I have an upcoming modification to a construction contract for work within scope, which will increase the contract price by <$150k. The Payment and Performance Bonds have been required by the contract and provided by the Contractor. In all previous modifications, the Government has paid the Contractor's bond rate for each increase. IAW FAR 28.102-2(d), if the contract price increases, the Government must secure any additional bonding needed. Is there any wiggle room on this? We only have a certain amount of funding and applying the bond rate to the Contractor's proposal puts us
  4. Hi all, I have a very odd situation that I've not seen before and wanted some feedback. Pardon my ignorance! The CO has issued a bilateral mod to update the billing clause on the contract. We do not wish to accept this clause and have rejected it. The CO persisted, so we then offered an alternate billing clause and then finally, offered to accept the clause with language revisions. The CO responded to our last attempt to reach agreement as follows, "Unfortunately, I do not have the authority to deviate the clause. However, if you send me a formal request which captures the
  5. As someone new to contracting I have some questions regarding the process for completing a modification to a task order. We recently awarded a multi award BPA to 3 awardees and a subsequent task order to the LPTA of the three awardees. Problem is that travel is required during the period of performance and it was overlooked for this Task. All the other items for the contract have line items (CLINS) for individual prices that the client will be able to bill for upon completion. Nothing for travel. I know we need to have a CLIN for the travel in the MOD, but will I also need to request
  6. I am being told that a PNM is required for all modifications. I thought PNMs were not required for FAR Part 13 mods under SAT. I would appreciate hearing other people's thoughts on the subject.
  7. Hello all, I am administering a contract that has a modification that should have not been awarded. The contract was misunderstood and the mod awarded when it shouldn't have. There are no funds associated with it, just time extension. Wondering how to go about creating a new mod to say the previous one is null and void?
  8. Hello! I thought this would be a good question for this forum to get a good idea on how things are done in other agencies. How often do you check the System for Award Management (SAM) for active exclusions? Do you check it for every contract action? That is how I was trained but someone brought up today that this may not be necessary. The FAR prohibits soliciting, or awarding to vendors that are on the excluded parties list but does not specifically require the Contracting Officer to check for every modification (e.g. admin changes). I found two applicable references which are verbo
  9. Hello WIFCON! Would love some input here from any knowledgeable folks about this... I am an Army PCO tasked with negotiating a request for equitable adjustment (REA) on a fixed price commercial contract for severable services that I recently inherited from a predecessor PCO. It's $5.6M, five year contract (base + four option years). The initial award was about two years ago--we are currently in the first option year. Shortly after award, during the base year, the Government realized it had vastly underestimated the magnitude and needed additional performance out of the contractor, and so the
  10. Good Morning WIFCON Community, Scenario: I have a question regarding contractual authority on a FFP commercial services contract. This contract is for physician services paid at an hourly rate. The contract states that the annual quantity is 2,080 hours. We are at the end of the base period of performance, and the government only used 1,980 hours. I now need to modify the contract and de-obligate the excess funds. What authority do I have to modify the contract and de-obligate the excess funds? My Thoughts: I have only two options for modifying the contract to de-obligate the excess funds. T
  11. Situation: I am modifying a contract to descope some work that is no longer required by the government. The descoped work is individually priced in the contract and the prices were determined fair and reasonable based on adequate price competition. The value of the modification is over the TINA threshold. Question: Am I required to obtain certified cost and pricing data? FAR 15.403-1(b)(1) prohibits obtaining certified cost and pricing data when the CO determines that the the prices are based on adequate price competition. I would argue that, since the modification prices are based
  12. I have a contract to provide cyber security monitoring and analysis which are severable services. I have a request to add another set of analysis, which would cost approximately 10% of the total contract value. My legal team is telling me that since these are severable services, any additional work is consdered out of scope and must be done with a J&A. The work is the same or similiar as what is currently being done and would not have changed the competition at time of award. My question is, can you never add work to a severable services contract and call it within scope because there
  13. Situation: Agency awarded a 5 year FFP contract for $240K (5 year total). Contract is currently in the first option year ($40K). Agency would now like to add some additional work to the contract. The nature of the additional work is very closely related to the work already being done under the contract (it would not result in a material change of the contract). Cost for the additional work has not yet been determined (agency is in the process of determining the cost parameters for a modification within scope). Furthermore, the RFP included this type of work in it - hence, offerors would reason
  14. My Procurement Exec and one Attorney believe GAO recently used the so-called "10%" rule to determine a contract modification was within scope and therefore denied a protest. Neither has been able to produce anything other than their own recollection. Everything I have found in my previous and recent research indicates they are seriously mistaken. So if anyone out there has seen anything from GAO to support their statements, please post a link.
  15. When using a modification to incorporate an assignment of claims, should the name of the Assignee appear in Block 8 of the Standard Form 30 (SF30) or the name of the original contractor?
  16. I'm an Army 1102 tasked with awarding a modification to a services contract that affects price. I've encountered a bit of a funding dilemma and I'd appreciate anyone's input on this. My interpretation of the circumstances and the pertinent statutes/regs/rules/etc is that if the KO determines this modification is in-scope then the obligation must utilize award year money. Conversely if the KO determines that the mod is out-of-scope, then current year funds may be utilized--but there must also be a J&A documenting why the work isn't newly competed. There are differing opinions. Any thou
  17. CPFF, completion type contract for R&D. Contract contains FAR 52.232-20. Effort includes a prototype as final deliverable, a demonstration of that prototype, and several data deliverables along the way (including reports). During performance, contractor was months late on delivering several important reports. The contractor does not dispute this fact, but argues that it gave its best effort overall under the contract. Oversight was not as thorough as it should have been, but the COR asked the contractor for the missing reports several times during performance. The contracting officer wa
  18. I am working to get a contract awarded for contractor logistics supprt. Included in the contract is the unit level and depot level support, which is funded by O&M. The contract will be awarded as a CPFF for X dollars. The question rests in the whether or not we can negotiate FFP modifications, when they become necessary or known through the changes clause processing them through an ECP type process. The reason I say ECP type process, is because an ECP is associated with pre-fielding or production. MWO is the process used once fielded. The scope includes language and depot maintenance provi
  19. Hello Vern and all! I would appreciate your input on this issue - of course it is also going to legal for their opinion but you have more contract knowledge in your big toe than our legal has in the whole system, sadly to say. I thought I might get myself an educated answer here for my own peace of mind regardless of what legal has to say. So I am stuck between a rock and hard place; I have a task order written off an IDIQ base contract. The TO was written in FY 12. The CLINS are for people written in the quantity of "months". Each month was priced off of 40 hours per work week per person.
  20. Good afternoon, Mr. Edwards: First, let me thank you in advance, for your assistance. This site is wonderful for getting another perspective on all things Federal Government contracting. Here is my question: Recently, the Department of Labor has been conducting an audit of the Service Contract Act to ensure we have been following appropriate procedures (i.e. paying correct wage and health and welfare). Last week, we received an amendment to modify a Blanket Purchase Agreement (BPA) through an amendment that retroactively incorporates the Wage Determination schedules for 2011 and 2012. W
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