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  1. Today
  2. Especially given this is not a competitive procurement, the simplest thing to do would be to pick up the telephone and talk to the Contracting Officer. By and large, I find most CO's are reasonable people and would rather resolve the issue before you spend time putting a proposal together that they will turn around and ask you to revise. The 1920 hours is probably not a scientific estimate but instead a WAG put together by their program office. Make a call.
  3. How competitive are 1102 jobs?

    This. Specifically, research the Pathways Program.
  4. FYSA, it's being updated once again as of mid-February 2018.
  5. What Does "Enactment" Mean?

    Again, did you check the dates in the hypothetical? Seems to me it's a 12-month cycle. Oh, well. I guess we'll see...
  6. The MRD is consistent with section 803 in that the MRD advises "Another important aspect of the NDAA requirement is completing incurred cost assignments within 12 months of receiving a qualified submission after the date of enactment." Thus, it explicitly bases the 12 month period on receipt of a "qualified (adequate) submission."
  7. Congratulations: you’ve certified as small business for federal contracting purposes. In a typical contract setting, you keep your size status for the life of the contract. But in the instance of a merger or acquisition or if a contract lasts longer than 5 years, you must recertify to maintain your size status. For multiple-award contracts, the Contracting Officer is also given a good deal of latitude in terms of whether a small business must recertify for an individual order. In a recent case, Unissant, Inc. protested the size status of a competitor who’d recently earned a task order award. Read on to learn what small businesses contractors need to know about small business status in light of this case. Read the full article at Petrillo & Powell's Patterns of Procurement.
  8. What Does "Enactment" Mean?

    Retreadfed, You are quoting from Section 803, and I asked you to read the MRD. I think the MRD clarifies that the one-year clock starts ticking when the proposal is received. From that time, 60 days to determine adequacy and 10 more months to finish audit procedures and to issue the report. A total of 12 months, not 14. That's how I read it, anyway.
  9. H2H, here is what Section 803 says about the one year time limit: With respect to qualified incurred cost submissions received on or after the date of the enactment of this section, audit findings shall be issued for an incurred cost audit not later than one year after the date of receipt of such qualified incurred cost submission. The way I read this, a qualified incurred cost submission is one that is adequate. This understanding is bolstered by this definition from 803: The term `qualified incurred cost submission' means a submission by a contractor of costs incurred under a flexibly priced contract that has been qualified by the Department of Defense as sufficient to conduct an incurred cost audit.
  10. Yesterday
  11. What Does "Enactment" Mean?

    Then I don't know what it's a matter of, and I could not care less.
  12. What Does "Enactment" Mean?

    Thank you for responding. It's not a matter of belief.
  13. What Does "Enactment" Mean?

    So are people who are not attorneys. Further, the Court of Appeals, Federal Circuit, established an interpretative approach based on "standard dictionary definitions and other pertinent regulations"--expressly excluding other expert sources' definitions. (Rumsfeld v. United Technologies Corp, Jan. 2003.) You can certainly argue that a Legal Dictionary definition is a "standard dictionary definition," if you'd like. But I'm not sure that Judge Dyk would agree. He favored Webster's Third New International Dictionary.
  14. What Does "Enactment" Mean?

    State laws, Dude. And that's coming from newspapers, which aren't known for legal niceties. Look, I responded to your question. Believe me or don't.
  15. What Does "Enactment" Mean?

    As I read the MRD the 12 month timeclock starts upon receipt, not upon a determination of adequacy. Look again at the dates in the example. Do you now agree, or have I missed something?
  16. H2H, I got the MRD. Thank you. While the MRD did not mention this, I suspect that many local offices will have very strict standards for determining whether a proposal to establish final indirect cost rates is adequate. The longer they can delay the determination of adequacy, the longer they will have to complete the audit. It was also interesting that the MRD did not mention multi-year audits, which are essentially prohibited by the NDAA. Perhaps that will be the subject of another MRD. In regard to your references to newspaper usage of the word "enact," newspapers are notorious about not understanding legal concepts.
  17. What Does "Enactment" Mean?

    California’s five-year drought, which ended in 2016, had state officials scrambling to enact their own water restrictions. — Aryn Baker, TIME.com, "What It’s Like to Live Through Cape Town’s Massive Water Crisis," 8 Feb. 2018 Proposals placed on the ballot will need support from at least 60 percent of the voters to be enacted. — Sun-Sentinel.com, "Florida constitution panel comes to South Florida," 6 Feb. 2018
  18. What Does "Enactment" Mean?

    Regulation is not "enacted" in the U.S. It is promulgated. See Black's Law Dictionary 10th.
  19. FAR coverage is adequate if enforced, and discipline for intentional violation is consistently meted out. Otherwise, no. We need to revise Title 18.
  20. What Does "Enactment" Mean?

    I don't know, Vern. That's why I asked. You make it sound straightforward but lawyers are involved. When that happens, nothing is straightforward, in my experience. In particular I was concerned about "enacted into law" versus "enacted by regulation." I wondered if there might be some nuance I should be concerned about. Glad to see I have nothing to worry about.
  21. What Does "Enactment" Mean?

    MRD 18-PIC-001, dated 29 January 2018. FYI, DCAA doesn't post all its MRDs. The ones it chooses to post are released at a pace that I would consider to be very slow. PM me with your email address and I will send it to you.
  22. FAR coverage is adequate. This is the kind of proposed legislation you get when an opposition party politician is "shocked, shocked" to learn that something inappropriate has happened under whatever administration is currently in place.
  23. What Does "Enactment" Mean?

    Think about it this way--a "rule" cannot be imposed on a contractor until it (a) is a public law, or (b) is a properly promulgated regulation, or (c) is in a contract. Right? When it comes to a statute, an enrolled bill that has been sent to the White House does not become a public law until (a) it is approved by the president, (b) it becomes law without the president's signature (10 days after received by the White House), or (c) Congress overrides a presidential veto. So "the date of enactment of this section" has to be the date on which one of those actions has taken place. Right?
  24. Vern: Yes. Whenever funds are realigned we get the contractor’s signature. Thanks!
  25. CF - You may want to wade through this website as it may assist as well.... https://www.dol.gov/whd/govcontracts/eo13706/faq.htm#IOLPTO4
  26. H2H. what is the source of your information concerning the DCAA guidance? I check the DCAA website daily for new MRDs but they are getting to be few and far between now.
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