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Found 21 results

  1. I am negotiating a Firm Fixed Price call order under a single award BPA. The PWS is for services on-site and off-site and states the number of FTE required . My price proposal uses 2080 hrs per FTE, but the contracting officer has stated 2080 hrs is not allowable if our awarded contract rates account for vacation/holidays and that we should revise the proposed hours to 1920. Since this is FFP, aren't the hours reflecting the effort to complete the work and not necessarily assigned to a particular FTE therefore 2080 hrs is allowable? Or, because they specified the number of FTE - am I limit
  2. I am working for a USAID contractor. We have a CPFF Term prime contract with USAID and issued a Firm Fixed Price Independent Consultant Agreement to a consultant. The COR is requesting that we track LOE and count them against our prime contract's LOE. We argue back that tracking days of LOE is not consistent with the regulation governing fixed price agreements (FAR 16.202), but also is not realistic or feasible given that payments are released solely upon acceptance of deliverables rather than incurrence of costs such as the costs associated with days of LOE. In line with FAR 16.202, there is
  3. We've been having an internal debate about (1) whether it is possible to increase the maximum value of a FFP contract using an in scope increase and (2) whether one is even necessary. Interested to hear your thoughts. Basically, demand was greater than anticipated and we've hit the contract max early. Sort of. The kicker here is that this IDIQ contract (we'll call it Contract1) is part of a program where another contractor (Contract2) is authorized to order from Contract1 and gets government's negotiated pricing and delivery. The Contract2 contractor then stocks the item at their cos
  4. We won a SCA FFP contract for the maintenance of some sensitive equipment where the RFP stated that the hours of operation where going to be from 8:00am to 4:30pm. We have been performing for the past 2 years without issues. As a matter of convenience - at contract start up- we agreed with the COR (I KNOW) to establish two shifts one from 6:00am to 2:00pm and another one from 2:00pm to 10:00pm. Now the customer wants to change the hours of the contract from 10:00pm to 6:00am. We notify the CO that we will comply but that we will request equitable adjustment. The CO came back saying that D
  5. Hello, I am having trouble grasping this concept and was hoping for someone to give me an answer or at least a nudge in the right direction. At my organization that I just started at there are a lot of contracts that say "this order is issued on a firm fixed price basis" but the contracts are set up that they have a fixed unit price that the contractor submits based on the actual quantity incurred. Be it 130 hours for the month at $X.XX per hour or maintenance and repairs that we provided an estimated quantity but they invoice based on actual maintenance and repairs. The CLINs have a tot
  6. I issued a request for pricing for a sole source single award IDIQ contract for services with a five year ordering period. In Section B the contract required fully burdened labor rates for each year of the contract to be used for T&M type orders and FFP type orders. The contractor refuses to provide fully burdened rates for FFP orders stating labor rates are not relevant to the FFP contract value and this approach places significant risk to the contractor. They also argue this approach is not aligned with FAR since they cannot provide a certificate of current cost and pricing data for appl
  7. I support a program with contracts defined as firm-fixed price (FFP), labor hour (LH), time and material (TM), indefinite delivery indefinite quantity (IDIQ) with economic price adjustments from collective bargaining agreements (CBAs)/ wage determinations (WDs). The contracts were awarded under FAR 15 with adequate price competition. Due to some security aspects in the SOW the effort is considered non-commercial and agency described as design/detail. Historically, the program has considered these contracts exempt from Cost Accounting Standards (CAS) per the exempted category (15) below, as
  8. We are a telecommunications provider to the US Government and provide terrestrial data circuits to remote, and sometimes hostile, regions in the world. Under a 12-month contract, the Government requested a proposal for 12 months of service. The circuit is not considered accepted and billable until the Government performs its testing IAW the acceptance criteria. Given the regions we deliver service to, it is normal for circuit activation and testing to take three or more months from execution of a subcontract agreement to the activation and testing of the circuit. The salient poi
  9. Cross Charging (Comingling of Contracts) as defined by the DoD IG's Office reads: Dishonest contractors can submit multiple bills on different contracts or work orders for work performed or expense incurred only once. A contracting official can facilitate the scheme and share in the profits by writing similar work orders under different contracts and accepting the multiple billings. (Source: International Anti-Corruption Resource Center, 2014) Fraud indicators related to cross charging (comingling of contracts) include, but are not limited to: Multiple awards for similar work are
  10. My company has been awarded a subcontract from a prime NSA (Ft. Meade) contractor, a small business. The award was a stand alone contract to the prime. The prime contract and subcontract were both awarded as FFP (not T&M or cost plus) , and we bid the subcontract as FFP. The referenced clause was included in the award to the prime; it reads, in part, as follows: In order for the COR to conduct a complete and thorough invoice review, the contractor shall provide the following as an invoice attachment for each Technical Task Order (TTO)...: 1) The individuals by labor category being billed f
  11. FFP construction contract in SC. Competitive IFB, SDVOSB set-aside. Question on behalf of the prime contractor. The government is required to promptly reimburse a contractor the cost of performance and payment bond premiums per FAR 52.232-5(g). Bonding companies generally require prime contractors also obtain bonds from subcontractors for subcontracts over a certain threshold (usually $250k for small-midsize companies). The prime contractor has several instances of where the subcontractor bond premium was reimbursed by the government along with the prime’s own bond premium AND several inst
  12. FFP Service Contract contains FAR 52,243-1 Alt I . Contract originally awarded competitively. Contract mod issued to extend period of performance for specific task activities within the overall contract period of performance. (not an extension of the contract period of performance.) Requires certified cost pricing data. Contractor submitted proposal 6 months ago with not to exceed amount. Due to reasons which are not clear to me, the mod / propopsal was not acted upon so six months of performance has now been incurred. Requested cost anlaysis and the analyst insists since 6 months of
  13. I am a contractor working on a FFP electrical construction project for the Navy in SE Georgia. The contracting office is planning to change the CO and ACO. I know this is fully within their right, but the CO and ACO they are planning are individuals that I have worked with before. They are abusive, don’t act in good-faith, and would basically be considered “high maintenance”. Do I, as the contractor, have any right to object to the change? Had these individuals been identified in these roles from the beginning, my price may have been different or I may not have bid the project in the firs
  14. Hello, My company has a BPA with FFP labor rates. The 'Calls' to follow have not said T&M or FFP; However the Contracting Officer says these are T&M/Labor hour Task Orders; We'll deal with that separately, My questions are pretty general regarding normal practice on T&M contracts, because this will now change how we price in the future (we've been pricing them per month, FFP). 1. Let's say the employee has 15 days of PTO and 10 Holidays for a total of 200 hours paid off. This leaves 1880 billable hours, very standard. However, with T&M contracts and option years...what if this
  15. My company has a FFP GOCO contract that was issued a stop-work order 10/1/2013 referencing FAR 42.1303. This regulation allows “top-work orders may be used, when appropriate, in any negotiated fixed-price or cost-reimbursement supply, research and development, or service contract if work stoppage may be required for reasons such as advancement in the state-of-the-art, production or engineering breakthroughs, or realignment of programs.” Work stoppage in this case was not for any of the allowed conditions cited in this regulation and doesn't relate to the type of work being performed. The c
  16. Help! I am a prime contractor working on a (competitively bid, edwosb set-aside) FFP Air Force construction project in NW Florida. I am processing a change order and the government contracting officer is indicating that I will not be able to add overhead and profit markups on my subcontractor’s markups. I AM permitted to account for my additional labor, materials, and supervision hours (with markups), and normal OH and profit markup to the subcontractor’s direct cost, but NO OH or profit markup on the portion of my total subcontractor’s price that result from his OH and profit markup. Thes
  17. Is there such a thing as a FFP/O&A contract type? I need to try out the following logic and argument. A hypothetical company has a FFP prime contract for DoD aircraft operations and maintenance with a CPFF CLIN for engine overhaul. The engine overhauls for the last four years have been subcontracted out to Vendor A. To speed up turn around on the subject contract, Vendor B (a separate, designated, overhaul facility for Vendor A) is being sole/source selected to alleviate Vendor A’s capacity constraints across contracts. The best sole/source justification for selecting Vendor B instead
  18. She is at it again!!! I have a change order negotiation scheduled in a couple of weeks to negotiate a change order to a FFP, SDVOSB set-aside, construction contract. My contracting officer is trying to dictate that I not bring anyone else to the negotiation including subcontractor representatives (even though they represent a majority of the scope of the change) and key project managers that have first-hand knowledge of the site conditions. I am confident that this move is an attempt to isolate, outnumber, and overwhelm me (they plan to have 6 people present including a SME and JAG rep.) a
  19. Help! I am a prime contractor working on a (competitively bid, edwosb set-aside) FFP Air Force construction project in NW Florida. I am processing a change order and the government contracting officer is indicating that I will not be able to add overhead and profit markups on my subcontractor’s markups. I AM permitted to account for my additional labor, materials, and supervision hours (with markups), and normal OH and profit markup to the subcontractor’s direct cost, but NO OH or profit markup on the portion of my total subcontractor’s price that result from his OH and profit markup. Thes
  20. I am ready to close out a firm fixed price contract that was incrementally funded for the five-year contract period. The contract was modified several times to add funds to the contract. Do these modifications that incrementally fund the contract change the firm fixed prices for the two contract line items? The contractor has billed higher prices based on these modifications.
  21. We recently had an assistance visit from GSA, during which time the auditor flagged one of our contracts for overpayment. It is a FFP contract, base + 3, under a GSA schedule. The contract has a 3% escalation for each option year - unfortunately our GSA schedule has no escalation. We typically discount off our published rate but in this instance did not. Neither our contract nor our invoices contain any rate or hour information - we were simply funded a total FFP and invoice equal monthly installments. The only place that indicates any rate information is a cost buld-up found in the file (
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