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Posts posted by TippHill

  1. If  the original task orders were awarded on the basis of fair opportunity, consider doing a class  fair opportunity exception D&F based on economy and efficiency (logical follow-on). The efficiency part of it could be maintaining the same provider in a given organization. The economy part of it could be the cost avoidance of having  to do a recompete .You could base the value of the D&F on the best estimate of requirement changes.    

  2. As we celebrate the 4th of July... According to some historical reports, Col. George Ross, a Congressional delegate from Pennsylvania, gave Betsy Ross, the wife of Col. Ross'  nephew,  "an unlimited order for as many flags as she could make".  I'd appreciate anyone's thoughts as to whether this constituted a valid contract between the US Government and Mrs. Ross.       

  3. Our customer recently accepted an item (CLIN 1) and the contractor is now telling us that it cannot install the item (CLIN 2) because the item will not fit into the designated install space due to its dimensions.  While both the item and the install space were specified in the contract, the contractor performed a survey before submitting its proposal.  Our customer believes the contractor should have known that the item could not be installed into the space and is now asking us to rescind acceptance of the item.   I’d appreciate any guidance.       

  4. We have a component-breakout contract for the production of a component that is critical to the performance of a system. Without the Government's approval, the contractor incorporated a number of performance enhancements into the component. The contractor is now refusing to deliver the production units until it gets paid for the enhancements. Terminating the contract is not an option because the system will not function without the component Also, the component will be GFE to the system contractor and any delay in its delivery will likely result in cost/schedule impact. Any suggestions would be appreciated.

  5. Our CONS recently contracted for the demolition of a building constructed pre-WWII. The contract type is FFP.The tasks included "removal of ALL (emphasis added) material from the demolition". After the job was complete and the contractor had been paid, an employee of the contractor informed us confidentially that historical artifacts had been discovered in the building and removed by the contractor. The artifacts were found before the actual demolition had begun and were found where they could not have been seen during the bidders site survey (behind a wall in a crawl space). Does the Government have any rights to the recovery of these artifacts? Any guidance would be appreciated.

  6. Our base has solicited offers to construct a trench around the flight line and runways in order to alleviate recurring flooding. One offeror submitted an offer of $0 with the conditoin that it be allowed to retain the removed soil. Since the trench will be dug in the vacinity of aircraft fuel and oil storage tanks we are unsure of the condition of the soil and don't want to be liable for the unauthorized movement of any hazardous materials. However, the $0 priced offer is very attractive to the customer. Any advice would be appreciated.

  7. Question: The Incentive Price Revision clause requires the contractor to submit a list of residual inventory and its estimated value. May the Government, at its discretion, acquire title to residual inventory under an FPIF contract? If so, it would seem that the value of the residual items would be deducted from the total incurred costs of the contractor. Does it matter if the total incurred costs exceed the ceiling value of the contract?

  8. I am working on a contracting action for the development of a transportable radar and am encountering an odd prime/sub relationship. The prime will develop the radar. The sub will provide the transport vehicle (flatbed,power supply, and shielded housing assembly) and will design the interface between the radar and the vehicle/power supply/housing assembly. The sub is asserting that it needs to have the prime perform engineering work to assist with the interface design and is proposing to subcontract back to the prime for this work. Can a prime also be a sub on the same effort?

  9. The CONS office I work in is preparing for the upcoming missile maintenance season. The schedule is short due to the harsh climate here so maintenance will be conducted on a 24/7 basis. This year due to reductions in blue suit personnel we have been tasked to contract for security support. If I read the tasking right the security forces we hire will provide perimeter surveillance and can apprehend any unauthorized person who enters a site. What?s not clear is whether these security forces need written orders signed by a CO in order to arrest an intruder and if we should provide them some type of badge so they can identify themselves as a military security contractor. Someone in our office mentioned there is a law against the military from enforcing laws on non-federal property. The majority of the sites are on private (leased) land.

  10. My organization is going to be awarding a new Cost Plus Incentive Fee contract. This is a new type of contract for the organization and there is a lot of uncertainty as to how the incentive fee works. As costs go up does the fee go up so the contractor gets the same percent that was negotiated. Also, as costs go down does the fee go down for the same reason. Any help or guidance would be appreciated.

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