bigred

I do not totally disagree with your assessment, and I know how I personally would handle it if I was the person on-site. However, accepting an invitation and attending an office birthday celebration is a little bit different than being directed by Government personnel to perform manual labor when you have been hired for your expertise in Financial Management. I do appreciate your input.

The Contracting Officer was not involved at all.

My company is currently performing under a DOD contract under which we provide Financial Management Services. The organization we are supporting maintains multiple Recycle/Shred bins throughout their facility for the disposal of sensitive information. Every week a truck shows up to pick up and dispose of the material in the shred bins. To accomplish this, personnel in the building must wheel these large/heavy bins down the hall to the loading docks where the content of the bins are emptied into the disposal truck. Our Government client has decided the burden of hauling the bins to the truck should be shared across the organization. As a result, they have created a schedule for who is responsible for hauling the bins each week. This schedule contains Government and Contractor personnel. The hauling of trash is clearly not part of the scope of our contract to provide Financial Management Services as an A&AS contractor. I need to tactfully push back with my client on this requirement so that he won’t feel we are not “Team Players”. Any advice on what Regulations I can hang my hat on so that my folks do not get into the garbage business? Does this tasking cross the line into the Personal Services arena?

I have an employee on assignment in Belgium under a Government contract. This employee has chosen to terminate his employment with my company at the end of the month, but he would like to stay overseas for several weeks for personal travel. This employee is asking us if he will still be able to submit an expense voucher for the return plane ticket when he is technically not an employee. The answer to this question is something that my HR and Accounting Department will have to answer. My ultimate question/concern for the WIFCON community is whether or not the Government will reimburse my company for this individuals flight home when at the time of his return trip he will be more than a month removed from supporting the contract ?

I have a question regarding splitting labor and Travel that were incurred in support of the same conference across two Task Orders. We have two contracts in place, with overlapping Periods of Performance , both are funded, and the scope of these contracts allow us to provide Conference support to the same client. This client wanted us to spend down as much of the money on Contract A as possible and then start charging to Contract B. We had an employee travel and support a week-long conference for this client. After you factor in the Labor costs incurred for this conference and bill them to Contract A the funding for Contract A will be fully expended. Knowing that we have Travel that is going to hit once lagging expense reports are processed, we will have exceeded the funding on Contract A. As a result, the client wants us to bill the Travel for the conference to Contract B. Ultimately my question is, Can I charge labor incurred at the conference against one contract while I charge the Travel for the conference against a different contract?

I have another situation regarding my employee who is now a consultant. I have created a new fully burdened rate for this individual that is inclusive of profit. I am now being told that I am not allowed to charge profit on my cost for this consultuant because this is a T&M contract. I believe that the new T&M rules in FAR 52.232-7 Payments under T&M and Labor-Hour Contracts (Feb 2007) is fairly clear that hourly rates can include profit. However, the basic contract was awarded in late 2006 so it does not have the Feb 2007 version of 52.232-7 incorporated. Upon review of the clause in the contract, I would still argue that profit is allowed to be included as part of the Consultants rate. Any and all thoughts are appreciated.

FAR Clause is there, but the DFAR is not.

Thanks for the responses. In the past I have had contracts that allow you to map subcontractors/consultants to the rates agreed to for the prime. Most of these were GSA though. As this is not GSA and it falls under the DOD I would agree that the KO is wanting us to justify the rate to assure a fair and reasonable profit. I have done some reading since my post and I think it comes down to the requirements in DFAR 252.216-7002 which requires separate rates for each labor category proposed to be performed by the contractor, each subcontractor, and each division, subsidiary, or affiliate of the contractor under common control.

Ladies and Gents of the Forum, I have a situation where my organization is the Prime Contractor on a DOD T&M contract and one of my employees has left my company as the result of a move, but I would like to retain her services as a consultant from time to time in support of the same contract. When she was my employee she was mapped to an IT Specialist Category at $XX/hour. Now that she is a consultant the CO wants us to provide a new rate for her. Can anyone shed any light on this situation? I was always under the assumption that we could map her to the same category at the same rate? Any thoughts would be appreciated.