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About Lukevan

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  1. Thanks for your reply Don. I understand your point and I agree completely that (e)(1)'s closing sentence means you just have to flow down the clauses listed in (e)(1) if required by the specific clause (e.g., you don't flow down a clause in a $10K subcontract if the clause only applies to acquisitions above $150K). I think your overall interpretation of (e)(1) makes sense and is logical ... e.g., if a clause is specifically included in (a) - (d), you only have to flow it down if its listed in (e)(1) and if it applies to your subcontractor. Reading it that way makes it simple to apply -- but
  2. In commercial prime contracts, paragraphs (b) and (c) of FAR 52.212-5 each have a series of clauses listed that will apply to the contract if checked by the Contracting Officer (KO). Paragraph (e)(1) contains a list of clauses that must be flowed down to subcontractors regardless of any of the requirements listed in the paragraphs above. On several occasions I’ve seen instances where the KO does not check off a clause in either paragraph (b) or (c) that is listed in e(1) and that seems like the clause should be in the prime contract. For example, I’ve seen service contracts where the
  3. This is a very traditional services contract that is overwhelmingly about hiring FTEs to work at a Government site. At this point ODCs appear primarily for travel and a very modest amount of other ODCs (they provide a plug value in the RFP). It makes me think this is just language that is in an RFP template and they haven't given much thought to whether purchasing is a significant function under this contract.
  4. We had that done 2-3 years ago and received a positive response that our system appears compliant. So we will include that in our proposal. I guess my bigger concern is how do we go about documenting that a 3rd party audit is able to be accepted as proof of an approved purchasing system by the Government ... I may be parsing the words too much, but a 3rd party can't "approve" a purchasing system. Only the Government can do that. A 3rd party audit can provide evidence that a formal review by the Government would likely result in approval, but it feels like a circular trap. It still they d
  5. We received the following response to our questions related to the purchasing system requirement in the thread above: "Question: Regarding the requirement to show evidence of an approved purchasing system in Section L.9.6.4, what should an offeror submit if the offeror meets the threshold for a purchasing system review but for who a review has not been conducted yet? We have discussed this issue with our DCMA ACO previously and have completed a CPSR questionnaire at his request. As of yet, DCMA has not selected us for a purchasing system review. We do have an opinion letter from an outsi
  6. Thanks to all for the responses. They are much appreciated. We'll see how the Government answers the questions.
  7. The only thing in Section M related to this is a statement that the items in the Cost Volume that correspond to the cost instructions will be evaluated for completeness. They never single out the purchasing system issue but I'm sure they are looking for a dispositive statement regarding whether offerors have an approved system or are under the 44.3 threshold. Questions are not due for about a week, so we have not asked anything yet.
  8. Thanks to all who've responded. The case posted is interesting (and I'm still learning how to search on this site), but I agree with JI20874 that it presents different facts, particularly because the Government in that case amended the RFP so it didn't require an approved purchasing system and allowed offerors to submit their systems to NASA for review. Here is the language in our RFP: "Purchasing System – Provide evidence of an approved purchasing system. See FAR Subpart 44.3. If an offeror does not meet the threshold for a purchasing system review, they shall state so in their proposa
  9. The language doesn't literally say we aren't eligible for award without the approved system, but it reads very much that way. We're hesitant to engage in a protest at this stage just given the possibility it could make the customer hostile to us before they've even received proposals. We did get an outside opinion of an independent accounting firm a few years ago that our purchasing system is compliant with DFAR 252.244-7001, although that is short of having a purchasing system that's been approved by DCMA. We're leaning toward submitting the outside opinion letter (with our proposal) and t
  10. In a recently released full & open RFP the Government requires each offeror to provide evidence of an approved purchasing system unless they can prove they do not meet the threshold for a purchasing system review in FAR Subpart 44.3 ($25M). We sell more than $25M annually to the Government so appear to be above the FAR 44.3 threshold, but the Government has never initiated a purchasing system review of our company. We inquired about this with our DCMA ACO a couple of years ago and he indicated we were unlikely to be reviewed and even if he wanted to schedule one it would take at least a
  11. Here_2_Help: Thanks much for your responses. Those are helpful. 1. You are almost correct. The part where you need work is your statement that you won't need certified cost or pricing data. See FAR 15.401 definition of "subcontract". Follow-up: I read the referenced clause and understand our parent costs would be considered subcontract costs. That's helpful. Does that fact undercut my understanding that if they provide services to us based on Price, we still would not have to provide certified cost and pricing data for them if we can establish if we can establish there was adequa
  12. Question: My company was recently acquired by a much larger entity with many affiliates and divisions. We are bidding primarily on CPFF contracts and want to offer the services of our parent/affiliates as part of our proposals. My company has an accounting system that has been approved as adequate for cost reimbursement contracts by DCAA, but our parent and affiliates are not government contracting entities and everything they sell appears to be based on commercial, market prices (not catalog prices). They have a practice of providing a % discount in pricing to affiliates and the services c
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