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Found 6 results

  1. We are putting a proposal together for an SCA H&W FFP contract, that has hazardous pay differential applied to a greater portion of the hours. I think that we need to use the hazardous pay in our fringe calculation, and that overhead, G&A and fee should also be applied to it for the proposal. It will be awarded as a FFP contract with only 2 clins Labor and travel. According to the Secretary of State website “danger pay allowance shall be included in gross income for Federal income tax purposes”, therefore I think FICA taxes should be applied to it, hence its inclusion in the fringe calculations. There is a different opinion in the office that “Hazard Pay does not affect the fringe rate, and we do not pay FICA on it. They suggest it is simply an “add on”. In other words they say it’s like an “ODC in Reverse”, we bill for it, the customer pays us and we pass it along to our employees. The cost of doing this invoicing and distribution is paid for in our G&A.” I don’t even understand what they are talking about. It’s going to be FFP, so we can’t bill it as an add on. This will be wages to the employee (who is not a military member, so those special military hazard pay rules don’t apply here) and I feel FICA both employee and employer portions apply. So my questions are how do we handle this hazard pay in our proposal? Does it affect our fringe rate? Can we apply overhead, G&A and fee to it? Your help is appreciated. I’m lost on this one.
  2. Has anyone recently used FAR 15.102 oral presentations in any source selections? If so, what were your experiences? The good, bad, and the ugly. How did you use them? As a substitute for written information? Just to augment written information? If you have used them (or are simply just aware of any) do you know of any prior/sample RFP's you could direct me? Thanks
  3. I would appreciate any opinions regarding the members of a proposal review team (we call them the "Buying Team"). This would be specific to best value source selection (BVSS) solicitations. Do you feel it is appropriate for a manager and their direct report to be members of the same Buying Team? Do you think there are conflict of interest concerns? Coercion or undue influence? I look forward to your opinions. Thank you.
  4. Hi- If a prime submits a Task Order proposal (CPFF) without getting a subcontractors proposal (using the Subs contractual rates set out in the IDQ) and estimating the hours themselves as well as the profit and then makes an award to the sub over 750k would the sub be obliged to provide Certified COPD? I can't see how unless the sub went back and forth with the prime on the pricing. Looking at FAR 15.404 it addresses the requirement for CCOPD before an award over 750k, not a proposal. Thoughts?
  5. This is applicable to solicitation responses under IDIQ contracts. Most specifically MATOCs for construction services. I thought I knew this stuff until a supervisor wanted to issued RFQs under MATOCs because it was easier and more streamlined. I know that is the guidance, but how far does one take that? Maybe I am overthinking this, but I think a few factors need considered. Here is my thought process and rationale. 1. FAR Part 2 does not define Requests for Quotes (RFQ), specifically. 2. FAR Part 2 does define "solicitation." ""Solicitation" means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals. Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer."" 3. Simplified Acquisition Procedures are detailed in FAR Part 13. IAW FAR 13.004(a), a quotation is not an offer and cannot be accepted by the Government to form a binding contract (thus the order issued is an offer and the contractor accepts by commencing performance giving constructive acceptance). 4. Based on the definition of "solicitation" at FAR Part 2, can an RFP be issued under FAR Part 13 when an offer is desired rather than a quote? And can the Government accept the offer received to form a binding contract? Or is constructive acceptance required? 5. Does FAR Part 13 offer advice on when to use an RFQ vs. an RFP (I cannot find it)? 6. Since a certain amount of negotiation can happen under FAR Part 13, would use of an RFP only be appropriate when using evaluation factor other than price or price-related (FAR Part 15)? 7. Do thresholds play into the type of solicitation issued under an IDIQ contract? 8. Does the mere existence of an IDIQ contract automatically move the orders into the simplified acquisition arena? 9. FAR 16.505 paren b addresses placement procedures and does not address solicitation procedures, specifically. Is this semantics? 10. When an IDIQ contract is in place, can an RFQ be issued for projects exceeding the SAT (construction, non-commercial item)? And can the quote submitted be used for form a binding contract? Or is constructive acceptance required? My opinion (prove me wrong via holes in my rationale/interpretation or regulation and case law): 1. Yes, an RFP can be issued under FAR Part 13, pulling in the applicable portions of FAR Part 15. 2. An RFP under FAR Part 13 should only be used if the Government wishes to incorporate evaluation factors other than price and price-related. 3. If the Government issues an RFP under FAR Part 13, then yes, the offer received can be used to form a binding contract and constructive acceptance is not required. 4. Yes, thresholds do have an impact on the type of solicitation issued under an IDIQ contract and the type of response received - legally binding or not (quote vs. bid/proposal) and negotiable or not (bid vs. quote/proposal). 5. The mere existence of an IDIQ contract does not automatically move the orders placed under it into the simplified acquisition arena. 6. An RFQ should not be used under an IDIQ contract if the Government wishes to receive legally binding responses (bids/proposals). 7. Just because the IDIQ includes a provision that required the contractors to provide a response (including "no bid" responses), that does not make the response binding of that response is a quote as requested by the solicitation (RFQ).
  6. Good morning all, Was hoping you guys could help me with a question regarding a solicitation response. The instructions read in part that “Clearly identify all proposed subcontractors, teaming arrangements, or joint ventures in the response. Quoters shall fully comply with the consent to subcontract requirements of FAR Part 44.2. If quotes fail to comply with all requirements of FAR 44.2, the quote will be considered non-responsive…” Typically I've seen this requirement after a prime contract award has been made, so not exactly sure how we show we have complied with all the requirements in the quote itself? Are we expected to provide documentation to support compliance with FAR 44.2 in our proposal response (e.g. description of services, type of subk, price of subk, etc...) or just a notification of subcontractors proposed and an affirmative statement that we will comply with all requirements of FAR 44.2? Unfortunately the Q&A period has closed on this and the CO will not provide further guidance, so hoping the wisdom on this forum can help guide me on this. Thanks!
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