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About Jimmie

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  1. I am not sure what you mean about the poison pill questions but thanks for your response. The way you reframed the possible solution makes sense: "re-negotiate the estimated cost (to raise it) and the fixed fee (to lower it)"
  2. Many of you are asking yourselves why a company would do such a thing. I admit that it does sound very crazy and I think a contractor can go too far to please the Government customer. I would like to know whether a contractor is allowed to use their fee from their CPFF completion contract to pay for an overrun on the contract. My gut tells me that this is not allowable because the contractor would be giving free services to the Government and think this can be linked to 52.203-3 Gratuities however the "free" services (services at no charge to the Gov't) would not be given to an individual (
  3. Hello Retreadfed, While researching this topic I stumbled across this article: https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=116493 which states that prior consent is required for 2nd tier subs per the definition of subcontracts within FAR Part 44: FAR Part 44 – Subcontracting Policies and Procedures FAR 44.101 – Definitions As used in this part— “Subcontract” means any contract as defined in Subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purc
  4. Ok, I think I see what you all are getting at. The reason I originally thought there had to be a minimum is that the Government is normally required to include a minimum. I understand that my company is not the Government and therefore I would not necessarily need to list a minimum. With this same concept in mind, I guess that I would not need to include pricing as part of the IDIQ master subcontract either. My main concern stems from the pricing piece and not the minimum. My end goal is to negotiate the terms and conditions now and then have the flexibility to price each task order witho
  5. Vern, I guess we would not need to promise a minimum and can simply label the minimum as "the amount of the initial task order award." I have it stuck in my mind that a BOA would be the best solution because the pricing of each task order (especially labor rates) could change based on the price to win. If I could set up an IDIQ without establishing any kind of specific pricing (only negotiate terms and conditions) then that would be best but I think that is pretty much the description of a BOA. I would love to be wrong in this case and go with an IDIQ sans pricing because I am more familiar
  6. My company was awarded an IDIQ from the Gov't as part of a multiple prime IDIQ vehicle. We are currently weighing whether to issue our subcontractors a BOA or an IDIQ. Since each task order at the prime level (there are multiple primes) will be competed and our team will need to stay very flexible in order to win, I believe that a BOA would probably be more appropriate than an IDIQ Subcontract. We envision that labor rates within the established labor categories for each task order will need to be different depending on the SOW and the price to win. If we used an IDIQ in lieu of a BOA then
  7. All, Thanks for your helpful comments! I learned that there are actually 24 process areas and 58 policy/procedure areas that DCMA will expect to see while reviewing our company. The 24 processes come from DFARS 252.244-7001(a) and the 58 policy/procedure areas come from the Guidebook Appendix B (which I still haven't been able to access for some odd reason). I received the list of 58 indirectly from DCMA (one of the enclosures they include in their pre-CPSR package). I am quickly becoming fully immersed in the world of CPSRs thanks to the help of online forums and internet resources like t
  8. Hello, It appears that DCMA has taken down the link which leads to the DCMA guidebook on Contractor Purchasing System Reviews (CPSR). http://guidebook.dcma.mil/26/guidebook_process.htm Does anyone have a soft copy that they can send me or know of a different location to download the guidebook? I am helping my company prepare for an upcoming CPSR and believe that this guidbook would be tremendously useful. I have seen a number of CPSR briefings which claim that Appendix B of the guidebook has 55 key topic areas which DCMA auditors expect to be covered as part of a contractor's policies and p
  9. Here_2_Help, Thank you, I appreciate the feedback and insight. It doesn't surprise me that they are essentially looking at whatever they want. Hopefully we will have enough heads up on which files they are selecting so that we can ensure all flies are compliant and as perfect as we can make them. Obviously we try hard everyday to make all files perfect but in a large company this just isn't possible/realistic. Any other comments about recent CPSRs are certainly welcome!
  10. Hello, With respect to a CPSR, I have always been under the impression that the Government typically audits files which are not older than 12 months. I researched but didn't find any conclusive evidence of this statement. Does anyone have the reference? I understand there are some special circumstances where they would go back further than 12 months, for example if a 3 month old task order was issued under a 4 year old IDIQ. Any others? Thanks in advance for your time!
  11. Hi, The contract type is CPAF, originally awarded as one year + four option years. When the contract was coming to an end, the Government decided to extend the contract by another year due to the mission criticality and lack of planning for the follow-on. This situation happened twice (where the contract was about to end and then the Gov't decided to extend by another 12 months). Right now we are in year 6.5 of a 5 year (planned) contract. Thanks for your help! Jimmie PS - A friend of mine did some heavy digging and found a similar question posed and answered by Vern Edwards (revised bel
  12. Hello, I was wondering if anyone knew whether a EEO Pre-award clearance is required after award of the contract. I am in a situation where my contract has been extended unexpectedly by two years. When the NTE contract values were originally established for my subs, we did not expect them to exceed $10M however due to the extensions, many subs have crossed the $10M threshold. This fact has been pointed out in a recent internal audit and the recommended solution is to send a request to the OFCCP for approval (6.5 years after the subcontracts were awarded). Has anyone else ever been in this
  13. I think you are on the right track. Prior to contract award the government requested and received cost information and used this information to perform their cost/price analysis. Their analysis resulted in decrements to the proposed subcontractor labor rates. These decremented fixed labor rates were negotiatied into the subcontract agreements due to the government's findings. So each fiscal year had fixed labor rates negotiated and accepted. Now I believe that the government wants to ignore the fixed labor rates negotiatied with the subcontractors and re-evaluate the subcontractor labor
  14. Hi Vern, Thanks for weighing in! To clarify, at my company we define "sealed packages / unsanitized proposals" to describe another company's labor rate build up which includes proprietary information to that company. For instance, this build up would disclose G&A, Fringe, Indirect labor rates, Overhead and any other adders a company might use to build the labor rate. This information is normally sent to us in a "sealed package" which reads "for the Government's eyes only" because of the proprietary information included. We would then deliver to the Government along with the prime prop
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