joel hoffman

Is this for an Other Transaction Authority contract? This may or may not be accurate: https://nstxl.org/traditional-vs-non-traditional-contracting/#:~:text=Non-traditional defense contractors qualify,contracts only under commercial procedures

Jamaal, Lawyergirl’s profile indicates that she works for a contractor.

https://www.dla.mil/Aviation/Offers/Industrial-Plant-Equipment/Acquisitions/ Is this what you are referring to as IPE?

Lottery - yes!

Perhaps Max should check with the University office that reimburses travel whether the State limit applies to travel costs that are funded by the Federal government under the USG daily limits in the contract. I doubt though whether that would be successful. It would appear in their accounting system as an excessive cost for any University or State audit. There would have to be a paper trail to explain it. Since the University would actually be making the travel payments to their employees, they probably wouldn’t change the rules just because the source of the funding isn’t from the State University. The Saudi Arabian Government funded ALL costs of the Corps of Engineers Assistance Program from the 60’s onward, including contracts, Corps salaries, benefits, travel, logistics, etc The US Treasury applied all laws and rules that would apply to US funded costs, because it was all paid by the US Treasury from the Saudi Arabia funds deposited in the US Treasury.

Not sure what you mean by Appendix III, Don as it would pertain to the rates for travel costs. Appendix III covers indirect costs for Universities…

So you want to add other contractors to your policies, as insured parties under your policy? There is no contractual relationship between the separate contractors on a site or between the GC and their subs. I’d say that this couldn’t be done to fulfill another contractor’s contractual responsibility or their sub’s responsibility to provide insurance. Why would casualty insurance companies agree to insure other parties under your policies? The GC has no control, supervision or overarching accident prevention program for other parties.

Each prime contractor and their subs are required to obtain and maintain their own insurance per 52.228-5 Insurance-Work on a Government Installation per whatever types and coverages are specified in the construction contract. In addition, 52.236-8 Other Contracts, should also be included in each contract.

Please clarify the question . ?? can the prime GC request other prime contractors to add the GC as an insurer on (whom’s ?) certificate of insurance??

If the employer’s organization is more restrictive than the FAR/contract rates, then the lower rates would apply.

YMachining last checked in on July 10 at the time of their original post. I think that he/she has abandoned the conversation.

Carl, Chicago Fed expressed concerns that construction type work and the overarching management, oversight and expertise for the installation and commissioning of the equipment would have to be removed from the various project orders (ID/IQ). This thread is under the Beginners Forum topic area. I came to the realization that this appears to be the reason for Chicago Fed’s concerns in the original and follow up posts. “You don’t have to contract separately for the ‘construction’ portion of the work. “

Ah, yes! I see that now. What is a “second tier contractor” ? Hmm. I read right past that. I’m not familiar with that term.

So, DOL would say that the portion of installation of the equipment involving alterations to the building or the utilities is not subject to the DBA and related Acts, thus either no construction wage rates* are applicable or service contract rates are applicable instead? I’m not concerned about using separate contracts for equipment/ associated setups and the the facility/utility construction work. I probably should have mentioned that earlier. Ive been involved with several significant supply and service contracts which included some construction work. We included the construction contract requirements applicable only to that portion of the contract work in the overall supply or service contracts. I would be concerned about those aspects of construction work that are subject to safety and labor laws and perhaps other typical hiccups during this type of work, like changes, differing site conditions, accident prevention, OSHA safety requirements, supervision, etc. Also, If these are medical facilities, it SHOULD be important to document any changes to the as-built facility files, especially if they are on electronic media. It is usually needed “for the record” and for future use. It wasn’t clear from your original post whether these are “supply contracts” or Part 12 commercial products contracts. I know that you should be able to segregate the cost and scope of what I’d consider to be construction from the other installation, testing, commissioning, etc. work and provide control, supervision or technical oversight. That doesn’t necessarily mean that you have to issue separate contracts or “separate the [construction] work from the order”. You indicated that the work was designed, identified, priced and negotiated. Again - You don’t have to contract separately for the “construction” portion of the work. *(I’m Assuming that the extent of the applicable portion of the work exceeds the DBA threshold- maybe it doesn’t? )

Thanks for the references Gen.!

The original poster is a second tier subcontractor. It’s not clear what the “net 60” payment terms refer to (the sub sub purchase order? the 1st tier sub -prime?).

The reason that I asked if it was a supply contract was to determine which prompt payment clause is in the prime contract. As far as I know, only the prompt payment for construction contracts and payment under fixed price construction contracts clauses confer any responsibilities of the prime to promptly pay subcontractors and to pass down similar responsibilities to subcontractors for lower tier subcontracts. If the terms of your subcontract on a non-FP prime construction contract require payment within 30 days, then your action is likely a private one between you and your first tier sub. As to whether or not you must continue performance after a breach, Carl is exploring whether thie prime DoD contract is assigned a DPAS rating. The advice to consult with legal representation is probably sound. if, for some reason the prime contract is for fixed-price construction, we can talk more about subcontractor and sub-sub contractor rights and responsibilities and whether you can seek help from the COR/KO/ACO. For construction contracts, any applicable payment bonds might be pertinent.

Is the prime contract a supply contract?

So, are there separate orders for equipment/installation for each facility or is it one composite supply/installation contract for all facilities? Is there an identifiable scope and separately identifiable cost or price for this type of work for the contract or each order? How is the specific scope and price for this work determined? See DOL Wage and Hour Division Interpretive Guidance for Davis-Bacon and Related Acts and Contract Work Hour And Safety Standards Act, Field Operations Handbook Chapter 15 https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/FOH_Ch15.pdf Paragraph 15d13 covers interpretation of coverage of the Davis-Bacon and Related Acts coverage for Supply and Installation Contracts meeting the dollar threshold for DBA or for Contract Work Hour and Safety Standards Act. It appears that the type of work that you identified involving the facility alterations and modifications would be performed by trades persons.

It’s important to know the scope of the “installation services”, which you are referring to/asking about.

What type of work is involved in the installation of the equipment? Are there alterations to the building or to the electrical, HVAC, plumbing, or ther building systems?

Yes, let’s restrict this conversation to cost reimbursement contracts and the situation specifically expressed where the employer doesn’t pay overtime to salaried employees.

See 52.237-10 , Identification of Uncompensated Overtime for example. If the company’s normal practice is not to pay for salaried overtime, then there is no additional expense to bill or to be reimbursed. See also 37.115 Uncompensated overtime.

By the way, note that they are synonyms of each other. Both aspects - doable and sensible are important.

It appears to me that, in shades of distinction between “practicable” and “practical”, the former could relate to something that is doable or reasonably possible. The latter could relate to how sensible or pragmatic an action is. Here are some Merriam Webster Synonyms for “doable”: achievable attainable feasible possible practicable realizable viable workable Here are some synonyms for “pragmatic ” practical realistic sensible logical rational I’m merely speculating..,