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lawyergirl

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  1. Thanks so much to all for the informative responses! It is sincerely appreciated!
  2. Hello: One of my colleagues recalls seeing somewhere that a BPA can exceed 20% of its ceiling $ amount. Has anyone ever heard of this occurring? If yes, is there a source for this, e.g., the FAR? Thank you in advance for any guidance!
  3. Hello: I received an interesting Q today -- Whether a BPA issued by one agency can be used by another agency to issue TOs, if both agencies are under the same overall umbrella (e.g., both agencies are under Treasury). In particular, we have an IRS EPMSS BPA and we are wondering if it can be leveraged by another agency that is also under the Treasury umbrella. Has anyone ever heard of something like this occurring? If yes, is it in the FAR somewhere, or would the possibility of cross-agency use be mentioned somewhere within the BPA? Thanks so much in advance for any guidance you can provide!
  4. Hello: During the onboarding of an applicant to a government contract, the agency requested a local driver's license for the applicant, which he refused to provide (he did not want to switch over from another state, did not want to pay for the switch, among other reasons). As a result, we had to pull him out of the onboarding process. This was a month or two ago. The applicant emailed today, stating that he is getting his local driver's license and would now like to re-apply. If the position, or something similar to it, is open, are we required to let him apply? Thank you in advance for any guidance!
  5. Hello: I am wondering if anyone knows whether having ISO 20,000 and ISO 27,001 is valuable to have from the Government's point of view, particularly if a business already has ISO 9000, CMMI Level 3 and is on the road to CMMC. We are a small business and we need to get rid of any certifications that overlap and/or don't add value to the proposal/contracts process. They are expensive to maintain, hence the question. We do not do any international work. Thanks so much in advance for any guidance!
  6. Yes, that is what I mean -- the government did not flow it down in the prime contract. And yes, the contract is for commercial items, and meets the criteria for application of the clause.
  7. Hello: My company recently received a bridge contract from the government that did not flow down FAR 52.222-41 (service contract labor standards). Does anyone know if this FAR automatically applies (and hence needs to be flowed down to our subcontractors)? Or conversely, if we don't need to flow it down b/c it was not in the prime/bridge contract)? Many thanks in advance for any guidance!
  8. Hello: I had a question regarding the CIOSP4 RFP that requires at least one member of a CTA to have an "approved" purchasing system. I am looking to understand whether offerors must have a currently "functioning" or "producing" purchasing system, or is it just that offerors must have capabilities for an approved accounting system? In other words, its a question of currently using vs. having the abilities and functions in place for when needed. Thanks in advance for any guidance! Best, Wendy
  9. Thanks so much to all for the answers to this ELB question -- I sincerely appreciate your time and expertise.
  10. Both a general and RFP question, I guess you could say. This would be a prime/sub CTA. Our company will be the ELB prime. Wondering if it matters whether the sub (Partner A) is an ELB as well (Partner A may exceed the ELB requirements after its proposed acquisition by a billion $$$ company).
  11. Hello: My company will be bidding on CIOSP4 as an “Emerging Large Business” (ELB), which NIH defines as a business with revenues between $30M and $500M. Since there are no additional Federal guidelines around this (at least that I could find), I am struggling to wrap my mind on whether there are any implications with regard to affiliation. Here is my question: If a Member of a CTA (Contractor Teaming Agreement) (Partner A), with revenue averages under $500M is bought by Company B who has revenues over $7B does Partner A still qualify to be a Member of a CT bidding as an ELB? Thanks so much in advance for any guidance!
  12. Joel Hoffman and Vern Edwards, thank you so much for your replies! Our client is non-DoD. Our award/stop work order involved a GAO protest that was dismissed upon the understanding that our agency client was committed to resolving it. Last week, our agency client issued a revised RFP. As far as we know our original award has not been rescinded. It is our belief that if the agency does not purchase something from us, they will lose the obligated funds. So we are looking for mechanisms to suggest to the agency for how to somehow keep the award alive and using the obligated funds. In other words, I am looking for how the rules might apply here. Hope this added info works!
  13. Hello: Does anyone know how the FAR works in terms of awarded but expiring funds due to a stop work order? I want to explore the possibility of our Government agency client using the expired funds to award us a contract and looking for the mechanism to make that happen, e.g., is there any other way to accomplish this other than asking the Government agency client to provide us with a sole source award? Thank you in advance!
  14. Thanks so much for clearing this up, Carl and formerfed! And Jacques was exactly right as well. Can't send thanks enough for the responses.
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