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  1. Good afternoon, I have a question regarding a seeming FAR discrepancy that I've been unable to resolve. Under a cost-reimbursement contract which contains a limitation-of-funds clause, can the CO affect a change through a contract modification which he/she knows will result in an increase in funds, without increasing the contract ceiling at the time of the modification? The exact scenario is thus: Cost-reimbursement, completion type, non-severable contract. The CO will need to make a SOW revision, which the contractor has indicated may result in additional funds. However, curren
  2. Joel, It's interesting you say that. I never considered cost realism as a tool for other than a fair and reasonable price determination. Per the FAR, "Use techniques such as, but not limited to, price analysis, cost analysis, and/or cost realism analysis to establish a fair and reasonable price". I also consider cost realism, a form of cost analysis.
  3. For my own understanding, are we discussing subcontractor awards or prime awards? It is my understanding that when awarding a CPFF prime contract, even given adequate price competition, cost realism must be performed, and as such cost or pricing data must be obtained, so price analysis alone will not suffice. Therefore, in the presence of adequate price competition, other than cost or price data shall be submitted, at a minimum, when awarding a CPFF contract, is that correct? FAR 15.404-3(b)1, states that "a prime contractor shall conduct appropriate cost or price analysis to establish
  4. Thank you kindly for your help Don. Just so I'm clear, does the CO ever need to independently analyze a subcontractor's proposal (cost/cost realism/price analysis)? FAR part 15.404-3 states, "The contracting officer is responsible for the determination of a fair and reasonable price for the prime contract, including subcontracting costs." Should this be read as the CO shall determine if only the prime contract's price (to include subcontract costs) is fair and reasonable or that the CO shall determine that both the prime contract's and subcontract's prices are fair and reasonable? FAR 15.4
  5. Yes, the subcontract is subject to consent requirements. Yes, its about consent. Does the CO's consent involve a CO's independent determination of a fair and reasonable price for the subcontract or can he/she rely on the prime's certification? I was wondering if a cost realism analysis, in line with FAR part 15 was required of a CPFF subcontract, even if there is adequate competition and price analysis indicates that prices are fair and reasonable. Don, this is not part of a contract modification. It is for a subcontract consent decision, within
  6. During performance of an R&D contract (roughly 2 years after award), does the CO need to perform price/cost analysis for a proposed subcontract award when providing consent? Scenario: CPFF prime contract for R&D Services (non-commercial, competitive acquisition) Subcontract award also CPFF from a competitive RFP (above the SAT). 3 proposals were received and prime made its selection Prime provides advance notification to CO for the anticipated subcontract award, including prospective subcontractor cost/price information such as budget and the non-winning propo
  7. Hello everyone and thank your for your replies. Just to clear the air, the core of my question boiled down to this: The FAR allows a CO to issue a unilateral mod under the authority of the changes clause and as a change order, in the designated areas referenced in the applicable clause. Yet, the FAR states that in the event of a resulting equitable adjustment the mod should be issued as a bilateral supplemental agreement. Is it at that point still considered a change order under the changes clause, if the equitable adjustment is negotiated and the mod is issued bilaterally? Or is it
  8. Hello everyone, The program office is contemplating the addition of in-scope work to a non-severable R&D contract for services (cost-reimbursement). According to my understanding, the changes clause, under a cost-reimbursement contract can be used for unilateral changes, in designated areas, for work within scope. I have several questions: per FAR Part 52.243-2, Alternate I, " (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the follow
  9. This is a contract generated as part of a BAA and is not an SBIR.
  10. Good afternoon everyone, Does the government have unlimited data rights to technical data, submitted as a technical progress report, which is generated under an R&D contract? Based on my reading and understanding of FAR part 27.404-1, data first produced in the performance of a contract, which is the case for the technical progress reports, is unlimited rights data. If that is the case, could technical progress reports be disclosed outside of the government, for example to NGO's with similarly awarded contracts? My issue is that although the data is first produced in the performanc
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