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comment_3422

Can anyone share their process for getting primes to pay subs. Copy of payment bonds and SBA notification if applicable is a given,as well as documenting contract file and reflecting in CPARS Also You can refer subs and second tier subs to the DOL. How far and deep do we go with this. Any additional advise/policy would be greatly appreciated.

2 stars

comment_3428
Can anyone share their process for getting primes to pay subs. Copy of payment bonds and SBA notification if applicable is a given,as well as documenting contract file and reflecting in CPARS Also You can refer subs and second tier subs to the DOL. How far and deep do we go with this. Any additional advise/policy would be greatly appreciated.

2 stars

Is this a construction contract? If so, did the prime bill you for the work of the subs? There are contractual differences between a prime not not paying subs if the contractor doesn't invoice the government for their work vs. the government making progress payments for work that includes the subs' work.

Next question, are you with DoD?

comment_3443

Well, I guess 2stars figured this out on his/her own or else it wasn't a pressing problem.

comment_3547
Well, I guess 2stars figured this out on his/her own or else it wasn't a pressing problem.

I have a question.

We are a sub to a Prime on a BPA. We were issued Fixed Price task orders, undefinitized. The prime did not attempt to definitized for a period of 11 months and now after the definitization process, is disallowing costs. Naturally we are gathering the data to show our costs to perform, but we are a very small business, that does not collect costs or even have an indirect rate structure. What is our best appraoch to get the money the Prime owes us?

comment_3549
I have a question.

We are a sub to a Prime on a BPA. We were issued Fixed Price task orders, undefinitized. The prime did not attempt to definitized for a period of 11 months and now after the definitization process, is disallowing costs. Naturally we are gathering the data to show our costs to perform, but we are a very small business, that does not collect costs or even have an indirect rate structure. What is our best appraoch to get the money the Prime owes us?

What were the terms of your subcontract concerning limits, if any, on costs? Did you have a limit? Did you provide a proposal to the prime to do the work? When did you tell the contractor what your incurred costs are or were?

comment_3613

While you have not presented all of the detaiuls, such as what the prime is disallowing, etc. Also, since it is a FFP, how can any cost be unallowable? By definition, a FP contrat pays a sum specific for work done. I would say that since the contract is not definitized there is no no requirement for you to delivery anything to the prime contractor yet. Depending on how strong your position is, i would hold up submitting any deliverables and advise the prime that until prices are agreed and a final contract signed, you will not deliver any additional items.

Just a thought.

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