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I am a contractor performing a service contract. All employees are hired, trained, terminated, taxes collected and paid to Fed and State, PTO, benefits, etc all processed by me.  Wages are paid according the SCA Wage determination and governed by the Service Contract Act. The contract is FFP, however it is under task orders. The contract began on July 1. The COR is requesting we provide the following"

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"we are requesting a by-name attendance roster of contracted workers expected to work an 8-hour workday or any abbreviation thereof. We also request to be informed of any employee scheduled to work an 8-hour day or any abbreviation of who leaves early without completing those previously reported hours of work.  Basically, we need to see who worked each day and for how long with a start date of July 1st 2021. We will need to have the records back to July 1st 2021. Please provide the records request NLT 30 Sept. 2021. "

I believe the COR has overstepped their boundaries by requesting this information. There is no where in the contract that states we are to provide this information. This is not Davis Bacon, therefore certified payroll is not required. The solicitation states: 

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The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to maintain an acceptable appearance of the grounds.

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that grounds maintenance is performed at

Has anyone ever encountered a request of this nature? The solicitation clearly states it is the contractor is to provide the personnel. 

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If I were in your shoes my starting point would be to ask the COR for the basis for the request.  Or in other words under what contractual authority is the COR requesting the information and what is the purpose of the information.  

 

 

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You said that the contract is FFP but does it require you to provide specific numbers of employees? They don’t appear to be requiring payrolls, just personnel “attendance” information. I read what you wrote earlier as an general requirement to provide personnel to perform “activities described herein”.

I remember a general requirement for service contractors to report personnel hours for an upward reporting requirement but don’t have that clause handy and don’t remember if it is limited to certain agencies, e.g., DoD. 

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14 minutes ago, joel hoffman said:

You said that the contract is FFP but does it require you to provide specific numbers of employees? They don’t appear to be requiring payrolls, just personnel “attendance” information. I read what you wrote earlier as an general requirement to provide personnel to perform “activities described herein”.

I remember a general requirement for service contractors to report personnel hours for an upward reporting requirement but don’t have that clause handy and don’t remember if it is limited to certain agencies, e.g., DoD. 

How about 52.204-14 Service Contract Reporting Requirements? Or 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts? Did your contract effort start on July 1st?

Here is a FAR prescription. There may also be agency specific prescriptions:  

“4.1705 Contract clauses.

       (a) The contracting officer shall insert the clause at 52.204-14, Service Contract Reporting Requirements, in solicitations and contracts for services (including construction) that meet or exceed the thresholds at 4.1703, except for indefinite-delivery contracts. This clause is not required for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders.

       (b) The contracting officer shall insert the clause at 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts, in solicitations and indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the thresholds at 4.1703. This clause is not required for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders.”

 

 

Edited by joel hoffman
Added prescriptions for two service contract reporting requirements.
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Here is a recently added DFARS clause and prescription: 

“252.204-7023 Reporting Requirements for Contracted Services. 

Basic. As prescribed in 204.1705 Contract clauses.(a)(i) and (ii), use the following clause: 

REPORTING REQUIREMENTS FOR CONTRACTED SERVICES—BASIC (JUL 2021)…”

Note the date of July 2021…

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Well, in relooking at the governments request, it appears to be more info than the manpower reporting I mentioned above…

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On 9/9/2021 at 4:30 AM, C Culham said:

If I were in your shoes my starting point would be to ask the COR for the basis for the request.  Or in other words under what contractual authority is the COR requesting the information and what is the purpose of the information.  

@Lakegirl2010The  above from C Culham is the appropriate response to your inquiry.

You should send your request to the COR in writing with a copy to the contracting officer. Keep your request short and to the point:

Pursuant to what term of the contract do you make your request?

You want your request to be formal, but not a rejection, because it might be valid. Don't comply, but don't refuse, and don't assert that the request is a change until you see the COR's (or the CO's) response and think it through. Document all your communications with the COR and CO about this matter.

Things may become tense, so stay cool.

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