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In many federal contracts as per the instruction to offerors, during the proposal stage, the bidders are advised to send their questions related to the RFP vide 'projnet' online portal and the same is answered by the Government there itself. This online portal is accessible to all the bidders who are bidding for that project and all the bidders are submitting their offer accordingly. But not all the clarifications given to the bidders inquiry in the projnet portal are updated on the specifications or drawings through an official amendment to the RFP due to the time constraints during the bidding stage. Most of the cases the clarifications are given till the last the minute of the proposal submission. Now the issue here, in general, when the Contract is awarded, the clarifications given vide the projnet, during the proposal stage, are not included as part of the Contract. So, at the time of construction, when scope dispute arises, the CO is NOT accepting the clarifications provided vide projnet during the proposal stage and demanding for the reference shown on any official amendment to the RFP or any reference from the Contract drawings or specifications. So, it will be great, if any one confirm whether the bidders inquiry clarified during the proposal stage is part of the final contract or not?
We are a prime contractor with a subcontractor who is registered in E-Verify but refuses to identify as a Federal Contractor (FC) on advice of its legal counsel. FAR 52.222-54(e) of our prime requires us to flow down the clause to our subs and we have specified in our subcontracts that subs must be registered as FC. Our sub's legal counsel argues that the "appropriately modified for identification of the parties" means it has a right to choose its own identity as relates to FC or not. We interpret it to mean substitute "[Our company]" for "Government" or "contract analyst" for "Contracting Officer", etc. (e) Subcontracts. The contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that— After searching awhile for answers, I contacted DHS from the E-Verify website link to get an answer, but did not leave with any level of confidence in its help desk response. When I asked the help desk if there were a definition of FC on the E-Verify site (or anywhere) as FAR doesn't define, she told me to look in Webster's! Then said that we [prime] can't tell our subs how to register [identify] in E-Verify. I would appreciate knowing if your agencies require subs to register as FC and how you interpret the above red text. Please don't send me to Websters. Thank you.