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  1. I don't know the official reason, but it makes sense that those contracts are not covered -- indeed, I think it would be impossible to apply TAA to them. Do you think they could be covered? Do you think they should be covered?
  2. Carl, I appreciate your mastery of 13 CFR! I like the SBA's words. If contracting officers followed the guidance in (c)(1)(i) and (ii) (especially for (ii)), maybe there would be fewer problems. If they did follow the guidance, maybe there would not be surprises regarding NAICS codes for order opportunities -- and I agree that there should be no surprises at the order level.
  3. This problem was foreseen. Several years ago, a contract (including an IDIQ contract) could have only one NAICS code -- to me, that was the right answer. Then, some of our contractors said only one NAICS code per contract wasn't fair, and they petitioned to allow multiple NAICS codes on a single IDIQ contract. They prevailed, and the rules were changed by people who did not understand the rules in the first place and who did not understand the implications of their great decision to change. Now, some of our contractors are complaining again. If anyone were to ask me, I would say to go back to one NAICS code per contract, period.
  4. JKJD, Sometimes, it helps to know the perspective of the questioner when answering a question. Are you the contracting officer thinking to do an action? Or an analyst or attorney reviewing an action? Or a contractor wondering? Or something else?
  5. So, you are a prime contractor, and you did a competition for a subcontract opportunity, and you want that competition to result in two awards? If the prices are similar, I think I would call both awards competitive and the prices reasonable based on adequate competition.
  6. DawnS, Is your question about a government prime contract opportunity being split at award? Or a subcontract opportunity being split at award?
  7. mgovcon, Are you sure you have a firm-fixed-price contract? Because if you do, your question makes no sense. You can pay your subcontractor whatever price you can negotiate. Isn't the OH/G&A/Profit rate used in the negotiation of the prime contract irrelevant to the formation of the subcontract? Indeed, isn't that rate relevant only for the formation of the prime contract? There seems to me to be no reason for the rate to be included or mentioned in the prime contract, and certainly no expectation that it be flowed down. Are you sure you have a FFP contract?
  8. Is your contract structured to pay for staffing, or to pay for performance? What are you paying for during the phase-in period? Staffing or performance? Please do not muddle the answer -- pick one: staffing or performance? If staffing, is the contractor providing the contract-stipulated staffing? YES: pay the FFP. NO: pay nothing. If performance, well, is the contractor meeting its performance obligations? YES: pay the FFP. NO: pay nothing. Your next contract could establish a phase-in period of four months, for example, during which the old contractor still has performance responsibility and the new contractor performs some meaningful performance (and receives some small payment) and also fills out its staffing, with full performance (and regular full payment) starting after the fourth month. Or, if you can't handle two contractors in the space for a transition, you can award the new contract with a phase-in period of four months, for example, during which the new contractor fills out its staffing (and receives no payment), will full performance (and regular payment) starting after the fourth month. You can even declare that the base year starts after the fourth month, so the base year includes four months unpaid for contractor readiness and then 12 months of paid performance.
  9. Don is right that there is no clause, and that was your question. But you can still do it. Maybe the contract says price is $100K if delivery occurs before August 31, and $90K if delivery occurs before September 30. Or the price is $90K with delivery September 30, with an incentive of $10K if delivery occurs before August 31. Or some other approach depending on the actual circumstances and needs.
  10. Elizabeth C, So, did you protest the solicitation requirement?
  11. Do you have a fixed-price contract? If YES, you are free to raise the pay of your crew leaders and managers as high as you feel appropriate to deliver the work. You are also free to purchase as much additional insurance as you feel appropriate. More power to you! But you probably are not entitled to a change in contract price except as provided within the contract, such as the adjustment allowed for your employees covered by the Service Contract Act if the clause at FAR 52.222-43 is included in your contract. [this doesn't answer your question, but I hope it will be helpful]
  12. Can you rely on your comptroller organization to tell you if the funds are appropriate for the intended use?
  13. Then your contractor can sue the third party for any damages the third party caused to the contractor -- that's between them. As for you and your contractor, the clause at FAR 52.236-7 applies. That clause has been litigated before, and it works -- the contractor's duty to provide appropriate fencing or night watchman or whatever is generally understood. Of course, we cannot read your contract -- if the contract puts responsibility for site security on the Government, well, that changes things. Generally in a fixed-price construction contract, the contractor is responsible for delivering a finished and complete result. The contractor should know how to deal with risks of vandals, weather, thieves, and so forth as part of its firm fixed price.
  14. Yes. Absolutely yes, it can be done -- it isn't mandatory, but certainly, it can be done -- and it often is. No one would ever imagine otherwise.
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