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About siwilliams

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  • Birthday 08/07/1970

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  1. Does anyone have recommendations on were I can find a simple ACA template as described in AF PGI 5317-9000? AF PGI 5317.9000 Associate Contractor Agreements Associate Contractor Agreements (ACA) are agreements between contractors working on government contracts or projects that specify requirements for them to share information, data, technical knowledge, expertise, or resources. Prime contractor to subcontractor relationships do not constitute ACAs, and are not subject to this section s requirements. The contracting officer may require ACAs when contractors working on separate
  2. Our company is publicly traded, so there's is a degree of financial transparency there. With regards to counter offers and counter proposals, there were a number of issues we backed off of including the number and size of the pbp payments. Walking away is absolutely and option. However, it's my belief that the Prime is going to be hard pressed to find a commercial item supplier willing to share cost data. I wanted to be sure I wasnt missing a regulatory requirement to supply the data. It appears that the prime considers the two clauses to be business flow downs they are making a business
  3. It may be mandatory based on the Prime's company policy. But from what I can tell, to say it is a regulatory requirement imposed by tbe govenment isn't true. That is the Prime's argument as they are requesting we share incurred costs with our invoice. That's not somethimg we are willing to do.
  4. Thanks to you both. You have confirmed what Ive repeatedly stated to the Prime. I asked for the reason behind their position and they answered that they see it as a regulatory requiremenr. I've also asked for specific language in the FAR or DFARS and the response is that it is merely their interpretation for what's needed for regulatory compliance but identified no specific language.
  5. My company is a subcontractor negotiating with a prime who has indicated that they have both 252.232-7012 and 52.232-32 in their prime contract. My company is offering a commercial item for which we are requesting milestone payments. The prime has agreed to provide performance based payments in the subcontract but are also asserting that we are required to report cost incurred to date to the prime just as they are required to report to the government per 252.232-7012. They are also asserting that 52.232-32 and 252.232-7012 are mandatory flow downs. I can find nothing to support either asse
  6. @PepeTheFrog - Not that it matters but no I'm not a Millennial. Thank you for your referral to the Cibinic/Nash book although also enveloped in condescension. Just so you are aware, I'm perfectly fine in this world and don't find too many scary places. However, those who are truly here to help should be careful not to make this resource a scary place. As far as looking a gift horse in the mouth, I am very grateful for any advice I receive while at the same time finding the superfluous negative commentary disdainful as is your entire post. "Free assistance in performing my job duties" has
  7. Again I did read 31.205-46. Because the responder mentioned that I'd misinterpreted the clause, I was hoping for HELP in better understanding it - not requesting extensive consultant services. I read it. I thought on my own. I expressed my thoughts. I was told I was wrong. I wanted to know why I was wrong. So I asked someone to explain HOW I was wrong. Thought that was the purpose of this forum. Apparently I was wrong again. I guess asking about the exception under (a)(2)(i), and (ii) wasn't specific enough. So again my thoughts were wrong. Perhaps a statement saying that it would b
  8. Thank you @Retreadfed, I appreciate your helpfulness and willingness to explain. As a contracts professional, I've found this site incredibly useful, especially when more seasoned professionals like yourself are willing to provide guidance. I must say, however, that I'm somewhat baffled by @here_2_help's seemingly antagonistic response. As far as I'm aware, no one on this site is ever "obligated" to explain, comment, or provide feedback. Everyone is volunteer. "Helping" involves a bit more that blanket statements. i.e. that you don't believe I'm interpreting the clause correctly. Specif
  9. @Retreadfed The only FAR flow downs we accepted in our subcontract were those listed under 52.244-6. However, your response brings up another question. I'm fairly new to the company and most of my background is non-commercial so the FAR 12 procurement process is really new to me. My supervisor has stressed to me that if the order at the prime was not a FAR 12 procurement then none of the 52.212 provisions would be applicable even though at the subcontract level we are providing commercial products/services - is that not the case? Also, @here_2_help, please explain the requirements of
  10. My company has a time and materials contract for which we are a first tier subcontractor. The prime contract is not a FAR 12 procurement. The prime contractor wanted to include a requirement in the contract that travel would be subject to the Joint Travel Regulations (JTR). My company pushed back. We are a subcontractor supplying commercial products and services under the T & M contract. The prime tells us that their contract requires that their travel doesn't exceed the JTR. However, it's my understanding that the JTR is only for military personnel. I suggested to my team that we a
  11. All, I have a CPFF contract for which my company did a voluntary cost share. The cost share portion of the contract covered primarily material and some subcontract services/supplies. Should there exist residual material on this contract that falls under the cost share (everything has been properly segregated is it handled as a typical CPFF? I.E. even though the material was funded by the cost-share portion of the contract does it belong to the government? Or would the material purchased under the cost share belong to the contractor? Is there any FAR support for this type of situation?
  12. My company produces a commercial item that it will supply to the DoD through its Prime Contractor as a first tier sub. As, we will make slight modifications to our item for the purposes of integration into the Prime's product for sale to the government, the Prime Contractor wants to negotiate rights to technical data, specifically asking for exclusivity "on behalf of the government" that we will not further market the item. I have asked the Prime if the government has specifically requested exclusivity. I didn't get a straight answer (a we want to protect the govts rights) but I assume as I
  13. My company submitted a proposal for an effort which included facilities capital cost of money. The resulting contract contains neither 52.215-17 or 52.215-16. We meet all of the criteria under 31.205-10(b and our COM calculations are compliant to the limitations in 31.205-52. However, our customer is now telling us that COM is not an allowable cost. Under what circumstances would this be the case? I'm assuming that the omission of 52.215-16 is of no bearing as it is a required clause for cost reimbursable supply contracts when applicable.
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