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About Locke

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  1. I believe that the short answer to your question is no. Are you considering subcontracting cost and subcontractor quote to be the same? I do not believe so. My understanding is that the subcontracting cost will include the prime's profit; whereas, the subcontractor quote is just that. Depending on the terms of the contract, FAR Part 15.404-3 might apply. If so, then the contracting officer is responsible for the determination of a fair and reasonable price for the prime contract, including subcontracting costs (15.404-3(a)). Even when 15.404-3 does not apply, the CO might be t
  2. Vern, It appears that the CRS Report for Congress would disagree with your statement “Not so. The legal standards for responsibility are directly linked to an offeror’s bid or proposal. See FAR 9.104-1.” Seeing in their January 4, 2013 report they state, “Responsibility determinations are sometimes confused with responsiveness determinations; evaluation of past performance in negotiated procurements; and qualification requirements. However, all these focus upon contractor’s bids, not the contractors themselves.” Furthermore, the report goes on to say “While responsibility is determined whe
  3. The keys words are " ability to execute" and " comply with laws and regulations." Neither of these have to do with if the proposed price is too high or low. Under a firm-fixed priced contract, if a contractor proposes to complete the project for a price the government believes is too low, so what. As long as the contractor has the financial means to complete the project even if it results in a loss. While "buying in" is always a concern, if the contract specifications are clear and precise it's not an issue. https://www.fas.org/sgp/crs/misc/R40633.pdf
  4. All, Please correct me if I'm wrong, but contractor responsibility determination is not concerned with the contractors bid/proposal. Instead, the focus is on if the contractor meets certain legal standards. I believe this post is referring to the reasonableness of the offered price. One is concerned with the company itself (business standards, ethics, financial capability, etc..) and one is used to determine if the contractor's proposal is fair and reasonable. Two different "things."
  5. CSalt, So what is the effect of letting the POP expire on a contract when there is no excusable delay? More work for the government is my answer. Unfortunately, I believe there are a lot of individuals that share similar views with your office. In particular, statements such as “we can’t let the POP expire” and “it effectively waives all of [the governments] rights in the contract” seem to be the most common arguments for why we can’t allow the POP to “expire.” The first point of contention is understanding that contracts do not expire. I know your question refers to the POP expiring, an
  6. Depends on the agency. If you worked for Health and Human Services, then IAW HHSAR 301.603-1(d) The dollar amount of an individual transaction determines whether a Contracting Officer has the authority to sign it in accordance with the delegated authority specified on the SF 1402. For new or follow-on awards, the dollar amount of an individual transaction is the amount obligated at the time of contract or order award plus any potential option amounts or future funding amounts established by the transaction. However, under an existing contract or order, when an option is subsequently exercised
  7. Joel, Out-of-scope modification: A contract is awarded for the production of 10 widgets. After award, the CO changes the number of widgets from 10 to 100. This would be out of scope. In-scope: A contract to install a fence is awarded. The contract specifies that the post are to be buried 4 feet below the ground. During the installation phase, the contractor discovers sprinkler lines two feet below the ground where one of post needs to go. For whatever reason, neither the government or the contractor had reason to know that sprinkler lines were buried in the location of the fence project. The
  8. Vern, Would the Statement of Work be considered a specification? We include it in Section C - Descriptions and Specifications in our contracts. In Melrose Waterproofing, CO., ASBCA 9058, 1964 BCA 4119, the board held that the government could change the special conditions of the contract under the Changes clause becasue such provisions were listed as part of the contract specifications......It therefore appears that the government may be able to greatly broaden the coverage of the Changes clause by arbitrarily calling all contract documents "specifications." (taken from page 391 of Adminstr
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