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Everything posted by Navy_Contracting_4

  1. In my experience, independent COs have some oversight, providing checks and balances and addressing ethics issues. For example, depending on the dollar value of the deal at issue, PNMs would typically require some pre-award review/approval at a level higher than the person conducting the negotiation.
  2. Everything Vern says is true. However, if "the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, [emphasis added]," and after considering Vern's advice about the sometimes fleeting nature of underruns, you still think payment at a higher rate is appropriate, then I would suggest that the contractor request that the order be modified to so provide. The contractor isn't allowed to invoice at a rate other than that provided in the order, so the order must be modified.
  3. Wel, one issue would be that it kind of brings into question how "independent": the IGCE is
  4. Vern, Yes, I understand about BOAs and how they differ from subcontracts. That's why I told Looking (see my post from Wednesday at 11:08 AM) that in his scenario, certified cost or pricing data would be required. In the post for which you took me to task, I postulated an alternative scenario – one in which there was a binding subcontract not a BOA – and suggested that in that scenario, cost or pricing data would not be required in conjunction with issuing orders. Do you think otherwise? If so, why?
  5. Vern, Well, I obviously didn't "know," as you have explained why I was wrong, but since the order would be FFP., it would likely be FFP level-of-effort, in which case, wouldn't it be comparable to ordering supplies at set prices?
  6. Then I think we're stuck with FAR !5.404-3(c), which says as well as FAR 15.404-3(b)(3): So it sounds to me like the subcontractor in your scenario is required by 15.404-3(c) to submit certified cost or pricing data, and thus the prime is required by 15.404-3(b)(3) to obtain it from the sub and submit it "as part of its own certified cost or pricing data." ...unless an exception in 15.403-1(b) applies.
  7. Do the teammates have binding subcontracts under which they must accept orders for labor at specified rates?
  8. Or perhaps there is an actual subcontract in place ("the IDQ") that sets out "contractual rates" under the terms of which the prime may issue unilateral orders for specified numbers of hours of various labor categories, and the sub is bound to perform. In that circumstance, I don't think certified cost or pricing data would be required.
  9. I'm not an attorney, but it seems to me that there is at least a general policy that the government is not to compete with private industry when industry has the capability to provide the needed goods or services, so I think that in order for the government to sell to private parties, some specific authority is needed. See, for example, 10 USC 2563. I know this isn't an answer to your question about flowdown of clauses, but perhaps it gets you headed in a direction where you can find an answer. I expect that the government is not likely to agree to flowdown of FAR clauses in any agreement to sell products or services to private industry, but if there was a particular term or condition that you felt was important to include, you could suggest it and see if they would agree or not.
  10. While I don't have a better answer, I think it unlikely that your equation is what is intended, because ((A+B+C)/D)*D = A+B+C, thus taking the contract price out of the calculation, and it seems to me that it wouldn't be described the way it is if that were the case. Actually, I could come up with a complicated description for the payment problem, but I don't think I'd be able to determine the amount to be retained by paragraph (c), since it says " The Government will retain . . . an amount estimated or approved by the Contracting Officer under paragraph (b) of this clause," yet I find no mention of a retention in paragraph (b). Possibly, someone who knows about DFARS 217.71 MARAVs, which I don't, can explain, but I think it would take a lot of explaining to get me to understand.
  11. Retread, Regarding your first issue, this is pure speculation, but it sounds to me like they overlooked the performance periods for the option items, and may be expecting to exercise them within 60 days after the original base period of performance (i.e. November 29) with a performance period of December 1 - November 30. Now would be a good time to clarify with the CO what the government's intentions are, because I think your concerns are valid, and there could be problems if they're not addressed early.. Suppose the government thinks that by changing the base period of performance to run through November 30, the option exercise date is likewise extended to January 29, 2017? Second, it seems to me that as a contractor, you are safe in relying on the CO's extension, if your concern is the ultimate allowability of costs of performance between October 1 and November 30, notwithstanding the propriety, or lack thereof, of the government's actions, so to that extent, I'm thinking you may be over-reacting. I haven't had the time to look into the propriety of extending the base period of performance as you describe to take advantage of the 10 USC 2410a authority.
  12. Boof, How would you propose to deal with the situations that the ratification process handles now?
  13. Are you planning to terminate the contract, or is there still a need for the services?
  14. apsofacto, Which laws would you like to see repealed? Which regulations would you like to see removed?
  15. Lara, I suggest you ask the contracting officer what is expected. Since that is who will be receiving the quote, (s)he is the best person to tell you what (s)he needs.
  16. This raises the question of whether your existing contract actually needs these personnel to be working full-time. If not, why are they charging full time? If so, how can they be spared for another effort? If you have good answers to these issues, then I agree with here_2_help that you should make it an explicit part of your proposal. I can think of no good reason for an unsuccessful offeror to protest such a practice. What would be the basis of a protest?
  17. LM_ABITWT, What types(s) of contract are we talking about? Are both the existing and future contracts fixed price? Cost-reimbursement? One of each? If your existing contract is fixed price, and you have people working on it full time, then is't the government program office going to think they've already paid for those people's hours? Did you win the existing work competitively, or was it negotiated on a non-competitive basis?
  18. jb, To consider your "awarded and performed" logic from a different perspective, how do you respond to the argument that in order for the $30 K threshold to apply, the contract must be awarded and performed outside the U.S., and in your scenario, it wouldn't have been performed completely outside the U.S., so the $20 K threshold applies?
  19. Vern, How can you say that a fully funded cost-reimbursement contract should not contain FAR 52.232-20? FAR 32.706-2(a) says to "insert the clause at 52.233-20, Limitation of Cost, in solicitations and contracts if a fully funded cost-reimbursement contract is contemplated."
  20. I agree that no J&A is required, and that the requirement should be offered to the SBA (see, for example FAR 19.804-4) but you should note that if the new requirement exceeds the $ 7/4 M thresholds at FAR 19.805-1(a)(2), then the SBA will normally accept it into the 8(a) program as a sole-source only under the conditions listed at FAR 19.805-1( b ), i.e. there is not a reasonable expectation of receiving offers from 2 or more 8(a) firms or the contract is with an ANC or Indian tribe.
  21. It appears that GSA disagrees with the GAO on this point, and has clarified its position on exercising options. See http://www.gsa.gov/portal/content/200369# (scroll down to the item titled Options on Orders Placed Against GSA Multiple Award Schedule (MAS) Contracts. This may not be particularly helpful to you in your situation, because one of the conditions needed to exercise options after expiration of the underlying contract is that the contract must include FAR 52.216-22, with an appropriately lengthy fill-in in paragraph (d). See also the explanatory article at http://www.mofo.com/~/media/Files/Articles/2016/08/160803GAOAllworld.pdf.
  22. Joel, I don't think that was the case here. This case involved a GSA contracting action on behalf of the Air Force.
  23. This isn't surprising, since it it was an order under a GSA FSS contract. I'm not sure other agencies' IDIQ contracts are subject to the same limitations.
  24. If the POP of the contract ended in February, but you are still continuing to perform after that period, it follows that you are "working on task orders beyond the expiration of the base IDIQ," which seems to be in violation of the prohibition the contracting officer mentioned in your original post. If the contracting officer is aware of the fact that you're continuing to perform beyond the expiration of the base IDIQ, and doesn't have a problem with that, then I'm with you - the options should be available to be exercised. The underlying contracts aren't GSA FSS contracts, are they? You might want to look at http://www.wifcon.com/discussion/index.php?/topic/1768-gsa-to-with-options-beyond-k-period/. Perhaps your contracting agency has adopted a policy similar to GSA's.
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