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causs

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  1. We are a contractor doing some work in an area the has several counties surrounding the worksite. We have 3 employees who are all staying in different counties. Do we use the per diem rate for the area where the employee is staying (hotel address), or the per diem rate for the worksite?
  2. We are a small 8a disadvantaged business. We were 1 of 8 subcontractors on a team under a major prime contractor. For the original proposal we provided fully burdened costs to the prime. We did not provide cost or pricing data. Our team won the competition for a 5 year contract with a 5 year option. We provide labor on a T&M basis, and some products on a fixed unit basis. The prime stated that our rates (T&M and fixed unit) would be valid for the 1st year and we would revisit for each subsequent year. We went thru year 1 without any problems. We then negotiated revised T&M rates for year 2. The prime provided modifications to the contract to reflect the revised rates. For year 2 (and all remaining years), the prime is telling us we need to provide cost or pricing data to them with a certification. They want us to provide to them all our costs and indirect rates. This information was not provided to them during the initial award phase. In addition, we compete with our prime on other teams and do not want them to have our proprietary data. We have offered to provide data directly to the Government but the prime states we must provide to them. We have been audited by DCAA on both our accounting system (adequate) and our 1st year rates (adequate - we would not allow release of specific rate data) and the prime has both of these reports. The prime has stated our subcontract is in jeopardy (of terminating?) if we do not provide the data. They also claim all the other subcontrators have given data to them. My questions are: Do we have to provide our data to the prime? If so, how can we compete with them if they have our rates and costs? If not, are there regulations we can cite to get them to stop threatening the terminiation? Thanks in advance for any insight.
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