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Everything posted by contractor100

  1. I've never seen anything like this before either. My best thought is it's a confusion with the requirement to bid indirect costs on materials as a fixed price on time and materials commercial (52.212-4 Alt 1 (I)(ii)(D)(2). Very good idea on the protest, but you are so right about the waves. And yes to the point about separating the overhead out of the direct labor. What is even more odd, which I forgot to mention, is that this is a GSA schedule bid, (using part 12), so that presumably the overhead is already part of the market based rates.
  2. Government is buying audits. There will be five, all to be completed in one year. The RFP states the award will be FFP. The RFP has no instructions to bidders as to what they should be provided as support for the fixed price. The RFP does say that price will be evaluated for fairness and reasonableness. It is under FAR Part 12. The format for pricing consists of a table with three CLINs CLIN 1 - Direct labor for audits. Quantity - 1. Unit - YR CLIN 2 - Overhead for audits. Quantity - 1. Unit - YR CLIN 2 - Travel. NTE. Quantity Unit - LT When the government was asked why direct labor
  3. Good point. Thanks again. Just want to say, I am not trying to "get around the rules" on OMIs, just trying to figure out how to document the contract best for the GSA IOA visit.
  4. Yes, an agency requesting a quote under 8.4. Would open market items be an issue otherwise? Thanks again for your help
  5. Thank you for the response and the interesting citation! I am selling training, which includes: 1 labor to deliver the training, 2 preexisting courseware that is going to be adapted, and 3 labor to do the adaptation. The labor for 1 and 3 is on my schedule. I am procuring the preexisting courseware from another vendor that has this courseware on its schedule. In Rapiscan, the agency asked for separate quotes on eight CLINs. CLIN 7 was for an item (freight) that was not on SAIC's schedule. SAIC first showed a price of $6,832 for the freight, then revised its quote to show CLIN 7 was bei
  6. Suppose a GSA RFQ asks for a fixed price, and specifically asks bidders not to break the price out, just to quote a single line item for the FFP. Contractor's solution includes OMIs. Should contractor footnote the fixed price/ Given that the bid is fixed price, how does contractor determine the price of the OMIs? The micropurchase is how much the government pays, not how much the contractor buys the item for.
  7. Thanks in advance to anyone that is willing to read these questions. Agency awarded Company an FFP contract with reimbursable ODCs. The contract is for ten months, all in the same FY. Two ODCs at issue: 1. A software license. The manufacturer does not sell the license for anything less than one year. Company has a reseller agreement with manufacturer. Company purchased the one-year license and resold it to Agency, transferring the license in accordance with the terms of the reseller agreement, (click wrap acceptance of manufacturer's terms of use is all that's required). The term of th
  8. Desperado: Thanks, good point on the SCA reporting! I guess, now I look at the clause, contractors have to report ANY order against a BPA of $2.5M or greater during FY2014, even if the order was issued before the contractor accepted the mass mod, and the same must be true of orders against a GSA IDIQ task order, as those are also "orders," albeit second tier orders. (B ) The Contractor shall report, in accordance with paragraphs (c ) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1– September 30) under this cont
  9. hi Desperado, If I go to the mass mods page here: https://mcm.fas.gsa.gov/cmservlet/control?csnum=0 and type in any GSA K number, you can see the mass mods for that K and when/whether it was signed. You can also see what was in the mod. So any ordering agency can see what clauses were in a BPA/task order when the BPA/task order was issued, just like any member of the public. GSA, however, doesn't know what's in an ordering agency's BPA or task order - exactly as you say. But thank you for reminding me of a very very important point. I had forgotten that all GSA schedules allow either party
  10. I see the logistical issue, although the ordering agency can see all of the GSA clauses AND the mass mods AND whether the contractor has signed up to the mass mod. And the same issue applies to a task order or an IDIQ task order issued against GSA schedules. In further discussions with colleagues, some believe that existing task orders, as well as IDIQs, are automatically updated by the mass mods. In other words, when a contractor signs up to a GSA schedule, it is agreeing that all task orders will automatically be updated when it signs the mass mods (which are "MANDATORY" according to GSA,
  11. So you believe the BPA automatically is updated every time the schedule is updated? Without a modification? Unlike an IDIQ order?
  12. Evidence for the intention of the parties consists of only the language I've quoted, "The Contractor shall comply with all terms and conditions of the awarded GSA schedule." which Pythia herself could not beat for ambiguity. Nothing in the RFP or RFP questions. No post award guidance. I've never seen a GSA BPA that addressed this point in the text or the negotiation process. But there are a lot of BPAs out there, some with very large amounts of money passing through (AMCOM Express - $6B?). Guess I'll do a little more research.
  13. I am surprised no one has any answers to/speculations on this topic. Perhaps I described it too confusingly. Here is another example. Agency issued contractor a BPA in 2011. It says "The Contractor shall comply with all terms and conditions of the awarded GSA schedule," The GSA schedule against which the BPA was issued was modified in February 2014 to incorporate 52.204-15, which requires contractors to make a report of certain employment stats, by October 31 2014, covering "orders" over $2.5M issued in FY 2014. The contractor received a $3M call against the BPA 9/29/2014. Does the contr
  14. I don't know why GSA wouldn't always require this. It is true the authority is discretionary. Supposedly that was because SBA thought it would be unfair to ask a contractpr whose recertification came so late in a contract that there were no opportunities to subcontract to file a plan (presumably after having been acquired). See below. A contract having its GSA schedule contract option exercised has five years to meet its subcontracting plan, so this doesn't apply. It doesn't seem right that a company that becomes large in the base period of its GSA subcontract can have another 15 years' ex
  15. Thanks to all for the thought and attention to my questions. This is the best forum for exchanging information among practitioners in this or any other field that I know of.
  16. Are GSA BPAs self-updating for refresh changes, unlike GSA IDIQs? IDIQs. GSA schedule is awarded Jan 1, 2014, with clauses “Clauses A.” Jan 2, an IDIQ is issued against the schedule. "Clauses A" govern that IDIQ. Jan 3, task order one is issued against the IDIQ. Jan 4, GSA issues a refresh mod, with new clauses, "Clauses B." Jan 5, task order two is issued against the IDIQ. Task order one AND task order two are governed by Clauses A, right? All task orders will be, unless the IDIQ is modified to incorporate the refresh mod? Now suppose a BPA was issued, not an IDIQ. The BPA says:
  17. Doesn't Bayh-Doyle cover patentability "any invention of the contractor that is conceived of or first actually reduced to practice in the performance of work under a funding agreement"? As opposed to the reporting of research results, or the copyright on reports?
  18. It certainly seems to me that, while you aren't legally required to include this in your subcontract, you can't comply with your own contract obligation unless you do
  19. If the government is reserving prior approval to publish anything produced under the contract, doesn't MTL have to impose that requirement on his or her subcontractor?
  20. Thanks all for the good advice, you are both right, there are indeed personalities involved, and a bit of "Three Monkeys" going on.
  21. Prime thought of both of your first options, but neither is ideal from the point of view of client relations. Thanks for the answer
  22. Subcontractor will sign a letter contract agreeing to provide the service to the government (not the prime) but will not agree even to commercial flowdowns, or any of the terms a prime would ordinarily enforce for its own protections, such as termination rights, changes clause. Subcontractor has a very strong bargaining position. Sub offers an essential service, which was called out in RFP (brand name or better). Sub was named in RFP, and prime did not negotiate any advance agreement with subcontractor to sign a subcontract. Subcontractor has provided the service to previous primes for nine
  23. Today, Book: Bleak House. Human lives ruined by the Chancery Court and an irrational, inefficient, inconsistent legal regime. Spontaneous human combustion. Much, much more. Song: Just My Imagination, Smokey Robinson Album: L'incoronazione di Poppea, almost any recording Movie: Manchurian Candidate, 1962 version. The garden club scene cannot be improved on. Poet: Emily Dickinson, "Tell the truth, but tell it slant."
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