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Found 14 results

  1. We are: Prime Defense Contractor. Customer: Government Agency Prime Contract: Labor Hour w/ negotiated rates on contract (Labor Cats and Rates) Subcontractor: Run of the mill Defense Contractor Subcontract: T&M w/ negotiated rates on subcontract (Labor Cats and rates) Q: Can a vendor have different rates for each slot/person on the subcontract even if they are the same LCAT/Level billed to the customer on the prime contract? This is execution, not proposal. Q: Can we give the vendor a rate on their subcontract that is only to be used for one person that
  2. I am relatively new to the contracting world and have been tasked with closing many POs (my company is the prime) in support of contract closeout. My question is not exclusive to a singular PO or situation, which I know makes it difficult to answer, but I am looking for general opinions on if the below scenario should require complete closeout documentation and formal closeout: FFP contract for commercial services - payment records show that our supplier invoiced us for $100.00 less than the contractual value. Should I receive documentation stating that the supplier will not invoi
  3. Does anyone here use the weighted guidelines to evaluate the reasonableness of a subcontractor's fee? Would that be appropriate? This a firm-fixed price subcontract.
  4. Under FAR Clause 52.222-11 - Subcontracts (Labor Standards) , does the actual reporting requirements stop at the Prime, or at the contracting officer? Fixed Price Construction IDIQ. All contractors/subcontractors are SB. As an example: Prime uses one subcontractor. The subcontractor (acts like a prime and) subcontracts all of the actual work. The Prime does not interpret 52.222-11 to mean that all of the document generation requirements under this clause get sent to the CO; rather, submittals like Payroll, Form 1413, Apprentice Certifications and such stop at the Prime. Prime believes the
  5. My company produces a commercial item that it will supply to the DoD through its Prime Contractor as a first tier sub. As, we will make slight modifications to our item for the purposes of integration into the Prime's product for sale to the government, the Prime Contractor wants to negotiate rights to technical data, specifically asking for exclusivity "on behalf of the government" that we will not further market the item. I have asked the Prime if the government has specifically requested exclusivity. I didn't get a straight answer (a we want to protect the govts rights) but I assume as I
  6. Hi All, Long time reader, first time poster. I'm doing evaluation on a competitive FAR 15 cost-reimbursement contract. Most of the primes have submitted subs providing full cost and pricing detail as required in FAR 15 to determine fair and reasonableness. However, some primes, for some subs, have only submitted T&M loaded rates or in some cases only one amount with no LOE to back it up for what they claim are their commercial subs. During discussions, where additional material was requested in order to determine fair and reasonableness, they claimed that because these subs are propose
  7. I'm looking for a/the case name or number that said words to the effect "as between a prime and subcontractor (in furtherance of a government contract) the concept of a clause self deleting did not apply as the contracting parties were private / commercial entities and the subcontract is a commercial contract subject to interpretation under state law concepts." I recall reading in the forums about a year or so ago that there was a court case that indicated a subcontractor, a small business, agreed (unknowingly) to be bound by CAS provisions because the subcontractor accepted the CAS flowdown
  8. Contract Type: Design Build - FFP Scenario: First tier subcontractor to prime contractor refuses to submit its invoices in the schedule of values format required by the prime contract. Background: 1. The prime contractor incorporated the schedule of values invoicing requirement into the subcontract; subcontractor concurred and signed subcontract. 2. Subcontractor attempts to "front load" charges into its invoices and demands prime contractor pay subcontractor well in advance of what prime can bill government for said charges under the required schedule of values. 3. Prime contractor contacts
  9. Working in R&D contracting, we sometimes encounter a situation where a subcontractor does not want to submit their business proposal through the prime, for proprietary reasons. Are we obligated to accommodate this, or are we able to require the subcontractor to submit their business proposal through the prime? We are developing a system to receive proposals electronically (no more boxes of paper copies all over people's offices) and I am trying to determine if this is an option the subcontractor is entitled to (and therefore if we have to build the system to accommodate this option). I can
  10. My company has completed negotiations with the prime on a govt contract. We have a confirmation of negotiations memorandum and my company has signed and submitted to the prime the Certificate of current Costs & pricing. The subcontract remains undefinitized as the prime says they're waiting for an audit by the government. It's my understanding that the government will not audit an already negotiated subcontract because it's of no benefit to them at that point. Prime also wants a reopener. Anyone ever have a similar situation? Would the govt audit an already negotiated agreement?
  11. Do you know of any defense contractor(s) that have excluded any interorganizational transfers from the population submitted to DCMA for CPSR review? If so, did they go so far as to exclude interorganizational transfers at price for commercial items? Do you think it is reasonable for a defense contractor to interpret FAR 44.101 and FAR 44.303 to allow for exclusion of any (or all) interorganizational transfers (at price or cost)?
  12. What would you say to a defense contractor who wanted to take the following approach in preparing a sole-source FFP proposal subject to TINA for a DoD customer? Scenario: KTR-A wants to include its sister company KTR-B in a sole-source FFP acquisition by a DoD customer. KTR-A prepares a SOW for a NON-commercial item and issues a RFP to KTR-B and a number of qualified, responsible competitors. It turns out that KTR-B beats everyone else out on performance, schedule, and price (including proposed profit). KTR-A negotiates a "subcontract" [really an inter-organizational transfer (IOT) at price] w
  13. My company was awarded an IDIQ from the Gov't as part of a multiple prime IDIQ vehicle. We are currently weighing whether to issue our subcontractors a BOA or an IDIQ. Since each task order at the prime level (there are multiple primes) will be competed and our team will need to stay very flexible in order to win, I believe that a BOA would probably be more appropriate than an IDIQ Subcontract. We envision that labor rates within the established labor categories for each task order will need to be different depending on the SOW and the price to win. If we used an IDIQ in lieu of a BOA then
  14. A hypothetical GSI order requires six widgets to build. Our widget supplier receives a delegation for GSI on the widgets. We build this equipment all year long and end up buying over 500 widgets a year. Our supplier offers a huge discount if we place an order for 500 vice mulitple orders every week for six, twelve, etc. Can we buy 500 widgets under a PO that requires six and transfer the remaining 494 to stock as parts that have been through GSI? Is there an alternative method that allows us to stock parts that require source inspection? The Government saves tremendously on cost and sched
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