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Everything posted by siwilliams

  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.
  14. Thanks to all of you for your input. This helps significantly. I now know that I have legal/regulatory standing with regards to my position. Again, not my intent to push the customer unnecessarily on every data submittal, but to respond to the question presented by the COR who seemed to believe that I had no standing. It is also not my intent to "whine" about the situation without action. It is, however, my intent to come to an understanding based on the FAR/legal precedent where the customer is either responding or communicating delays to us related to the reviews.
  15. The CDRL is NSP. However, acceptance is a requirement for a PBP payment event. This particular issue has been worked out and we are now invoicing the PBP. In post #6, I'm now seeking clarification of process and interpretation. The dispute came after I requested authorization to submit the PBP invoice explaining that the government review period has expired (now for over 2 weeks) and I presumed the submission accepted as there was no communication received from the government. I received a response similar to those in post 2-3 asking where in the contract did it express that the submittal i
  16. what about 252.227-7030? I'm moreso wanting clarification on approvals...there are many deliverables for which we NEVER get a response.
  17. Yes, could very much result in delays in schedule as well as financial. What is the purpose of identifying a period for review? At expiration of the identified period without comment, what gives the government authority to make additional comments or request additional changes? Per 1010.12 the dates constitute a contractual obligation. the period is set. There may be no implicit approval but the government has effectively waived their right to disapprove.
  18. I'm having a disagreement with my government customer about CDRL deliverables, review periods, and approvals. Block 8 of the 1423 is Blank. Block 16 of the 1423 states that the government will have 30 days to review the data submittal and respond with comments and the contractor will have 20 days to revise after receipt of the government's comments. The data item was submitted to the customer. The transmission included DID, SOW, CLIN, and CDRL references as well as the listed government review period. The government confirmed receipt of the data item. On day 40 I sent the government a no
  19. In this particular example it was for non-commercial items.
  20. I'm curious about the process of taking exception to terms & conditions in a competitive solicitation. I'm always hesitant to take exception to items for fear that our proposal would be deemed nonresponsive. However, I'm not 100% sure on which items other than not meeting the technical criteria, delivery schedule or something like debarment would automatically eliminate a company from competition. Typically things like unlimited rights in technical data are something to which I'd like to take exception. Would this get my proposal automatically thrown out, should I just bring it up duri
  21. The contract was issued after the effective date of the rule. Thanks all for the feedback.
  22. I work for a Large Business who is prime on a government contract. One of our major subcontractors is a small business. I am being asked to request inclusion of 52.232-40 in our contract. I know it's now required for all solicitations/orders, however, I would like feedback on what I believe is a misinterpretation of the clause. My program office feels that inclusion of the clause allows the government to provide accelerated payments to us as the prime that we may in turn accelerate invoice payments to our small business subcontractor. I disagree. I believe the purpose is to notify the Pr
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