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ProposalLady

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  1. Thank you. Yes, this is an FFP contract. This will be something I will ensure to include with our next response. At this moment, our response has already been submitted, and we have been awarded the Task Order. We have issues with signing the Task Order contract without the KO accepting our Performance-Based Payment plan. At the moment we are at a standstill. The KO has stated, if we don’t execute the TO contract, that her next move is to "unaward" the task order and start over including the Performance-Based Payment clause in the re-solicitation. This is where the confusion and disconnect resides. We will have our Performance-Based Payment plan finalized tomorrow although it has not been requested. Along with the plan, we would like to gently re-state that the RTEP noted “All clauses in the basic contract are still in full force and effect” and add any other supporting FAR clauses, like perhaps the ones mentioned above, that would support us asking, and more importantly, receiving a negotiated Performance-Based Payment plan incorporated the Task Order contract.
  2. Our company was awarded a Task Order in response to a Request for Task Execution Plan “RTEP” under an IDIQ. This task order was only competed amongst the awardees of the IDIQ. The basic IDIQ contract allows for Performance Based Payments, but not Progress Payments. Prior to executing the contract, we notified the KO that we would require Progress Payments. The KO noted that Progress Payments were not authorized. We requested Performance Based Payments. The KO noted that Performance Based Payments would not be authorized since the 52.232-32 Performance Based Payments was not provided in the RTEP. Again, PPB is stated in the basic IDIQ Contract. The RTEP itself stated: “Specific clauses that are applicable to this RTEP are included. All clauses in the basic contract are still in full force and effect.” We are a small business, this effort exceeds the simplified acquisition threshold, it even exceeds the large business threshold of $2.5 Million, the POP is 12 Months, per the Government’s directions all the deliverable CLINs were Not Separately Priced (NSP). So, we have no way to invoice until the end of the POP. We cited Subpart 32.1 -- Non-Commercial Item Purchase Financing. In particular, 32.104 -- Providing Contract Financing and 32.107 -- Need for Contract Financing Not a Deterrent. Are these clauses applicable to our stance? Am I missing something?
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