wayforward

Yes, a small business subcontracting plan was submitted at time of IDIQ award. Task orders are awarded in various types/structures ( CPFF, FFP, etc but mainly FFP of late). There is a list of the approved subcontractors in the IDIQ which matches up to the ones listed in the small business sub. plan. Because we have an approved purchasing system, it also states prime has been granted a waiver of the requirement of subcontractor consent for subcontract amounts of $500,000 and below based on their approved Government purchasing system. So, if we propose a new subcontractor at the task order level, and if the proposed sub is under $500k in value and may be a T&M type, the contracts folks go to the small business plan, to determine if the subcontractor is listed in the plan, and will request us to modify the small business plan to add the new proposed sub. It seems to us, there is way too much control/focus on the small business sub. plan. Afterall, it is only a plan as to how we will meet goals. And since there is a waiver for consent, there still seems to be some sort of "control" factor at play. I know this Agency is trying to be competent but it may take awhile even with new KOs coming in for places such as DoD with hopefully a fresh perspective.

We submitted a small business plan under an IDIQ soliciation. The plan was accepted at time of award, and it listed all of our proposed subs., their size and NAICS. The Agency provides disaster relief so in order to reduce bureaucracy, a blanket statement was added to the IDIQ that no new subs need to be be consented to unless they exceed $500k. A waiver is provided for consent in other words. However, it seems we are being requested to revise our small business sub plan every time we propose a new sub. at the task order level. How often can we add subs and revise small business plans under an IDIQ?? Because the nature of work is unknown, we identify new small business subs across the country all the time (in order to meet our goals). It would seem to me that revisions of plans (to add subs--not revise goals), can get rather tedious. I guess as long as the CO is willing to do the revisions, we might as well update the sub plan each time. Is it me or is there something wrong with this picture?

Any thoughts about Program (Project) Managers performing the Contract Manager function in a large company? In other words, the PM interfaces with COTR and CO on Government Contracts. Granted it is an engineering firm but.....

Thanks all. I still learn something new everday.

Thanks for setting me straight on the terminology---I didn't have the exact languge of the task order in front of me. I guess we are not use to 1) addressing indirect costs in a final 75% letter and 2) several of us assumed that whatever the final audited indirects are down the the road at closeout phase, the additional amount can be invoiced and reimbursed. Perhaps, several of us are use to having the total estimated cost not exceeded even when the final indirect rates are adjusted & billed.

We were awarded a 5 year IDIQ to a Joint Venture. The managing partner is attempting to submit a final closeout invoice which incorporates audited final indirect rate adjustments from the various partners. This final invoice is under a CPFF task order (s), and totals approx. $100k. The Govt Agency is basically saying "sorry charlie", you should have informed us of this adjsutment sooner (i.e., that the task order ceiling would be exceeded). In fact, they say, we should have informed them in the last 75% letter under the limitiation of cost clause. We have not seen final indirect rate adjustments being addressed in a 75% letter. Is this place for us to notify the Govt of our expectation that our audited indirect rates will be greater than anticipated thus, we will exceed the Task Order ceiling?. Final audited rates are an unknown for several years so how can this matter be addressed in a final 75% letter ?. Especially, when 5 JV partners are involved? We feel the Agency should pay the final indirect rate adjustment invoice under these CPFF task orders ---there was no ceiling on the indirect rates in IDIQ. Who has the stronger case? the Agency or us?

I will ask him....thanks for the response:)

Reading a solicitation and notice that three (3) different FAR warranty clauses are in the RFP: ? 52.246-17 Warranty of Supplies of a Non-complex Nature ? 52.246-19 Warranty of Systems and Equipment Under Performance Specifications or Design Criteria ? 52.246-20 Warranty of Services Do we assume all three (3) clauses apply ?? or the Goverment doesn't know (yet) which warranty clause applies?

Is there any connection between a negative CPAR rating on a task order, and 52.209-1 in an IDIQ. Obviously, if the prime contractor received an IDIQ, it was pre-qualified to provide the services under the IDIQ. If the contractor receives a negative CPAR rating for a specific task order , is the contractor then considered "not qualified" in they eyes of the Govt to perform the type of work in the task order again? My guess is for any future task order proposals, the negative CPAR will haunt them (for the next six years?) regardless.

Excellent article and just the guidance I was seeking. It's too bad Briefing Papers aren't free. Thanks again!

I saw no specifics in the guidance about the step(s) after the Reviewing Official concurs (after considering the Govt's rating and the Contractor's rebuttal/non-concurrence). I understand that litigaton is rarely successful.

Is there any recourse to an unfavorable CPAR rating? If the Reviewing Official concurs with rating, is it over or not? what if there were factual inaccuracies in the CPAR evaluation? or it is clearly bias or "personal"?

Thank you. It is crazy. This is the clause that was cited by the COTR for withholding fee (the CO wouldn't cite the applicable clause). It doesn't make sense to us. Our task order is CPFF. We can also have CPAF and FFP task orders awarded under the IDIQ.

It turns out the COTR is citing FAR clause 52.232-32 (e) for withholding fee on our CPFF task order. Perhaps here are some performance issues we do not agree with.

The contract is silent about withholding fee. I believe it is a poorly written contract. It is an IDIQ, with quick close out procedures, this particular task order is CPFF (labor rates for CPFF Task Orders are established in the IDIQ), the task order pop is over but the COTR is stating that fee is being withheld on invoices pending review of by Acquistion over the performance on the task order. We are in the process of responding to a CPAR but this is about it. Can fee be withheld ?