LD3096 Posted December 5, 2022 Report Share Posted December 5, 2022 Hello. I have completed an RFP for a CPFF Completion CLIN for software development and submitted to the vendor . We are in a sole source environment. The vendor has responded with a proposal with X amount of hours and dollars ; which was expected. Additionally, the vendor is stating they need a number of LOE hours for "Management " ( not program mgmt ) moreso, " Technical Leadership". I feel the vendor is attempting to force us into a CPFF LOE CLIN; which this is not. in the same response - they also stated they proposed a "percentage of FTE" when it comes to this Technical Leadership concept. I have no idea what a percentage of FTE means and it does not make sense when this is a completion effort. I just expect them to propose the number of hours based on the requirements. My plan is to inform them to only propose the hours necessary to complete the requirements. what are you thoughts Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted December 5, 2022 Report Share Posted December 5, 2022 12 hours ago, LD3096 said: I feel the vendor is attempting to force us into a CPFF LOE CLIN; which this is not. You "feel" that? "Feel"? Have you asked them outright if they want a CPFF LOE CLIN? If not, why not? If so, what did they say? 12 hours ago, LD3096 said: My plan is to inform them to only propose the hours necessary to complete the requirements. If you do not want a CPFF LOE CLIN, why do you plan to inform them to propose hours? Quote Link to comment Share on other sites More sharing options...
here_2_help Posted December 5, 2022 Report Share Posted December 5, 2022 When you award the CPFF Completion CLIN, what makes you think you will be able to control who charges what contractor hours to the CLIN? Point to a clause in your contract that gives you that authority, please. Quote Link to comment Share on other sites More sharing options...
ji20874 Posted December 5, 2022 Report Share Posted December 5, 2022 Maybe the prospective contractor knows it is a sole-source situation, and is trying to justify a higher estimated cost and higher fee. The contractor will propose what it will propose, and then you will negotiate to arrive at a fair and reasonable price, right? All the pre-award talk about labor categories and hours is to arrive at an estimated cost, but only the estimated cost goes into the contract, right? Quote Link to comment Share on other sites More sharing options...
LD3096 Posted December 8, 2022 Author Report Share Posted December 8, 2022 the vendor is proposing hours against the requirements and that is how we negotiate the estimated cost not sure about the comment related to hours. Yes the estimated cost is what goes in the contract. if its a completion clin , all of the fee is not provided until the work is done is my understanding . If its LOE , they get all of the fee whether the work is not completed , is also my understanding Quote Link to comment Share on other sites More sharing options...
Retreadfed Posted December 9, 2022 Report Share Posted December 9, 2022 20 hours ago, LD3096 said: If its LOE , they get all of the fee whether the work is not completed , is also my understanding Not necessarily. Many contracts have a clause that requires a proportionate reduction in fee for effort that was not provided. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted December 9, 2022 Report Share Posted December 9, 2022 If it’s LOE, the work is to provide an LOE. If it’s LOE, the work is completed when they deliver the entire LOE. If it’s LOE, they get the entire fee if they deliver the entire LOE. Quote Link to comment Share on other sites More sharing options...
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