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Found 2 results

  1. FAR 44.101 Defines Subcontractor as , "any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor ". 10 USC § 2474 (b) allows Depots to enter into Public-Private Partnerships (PPP) and further says that they may provide, " (A) For employees of the Center [...] (under contract, subcontract, or otherwise) work related to the core competencies of the Center, including any depot-level maintenance and repair work that involves one or more core competencies of the Center". Now, Title 10 allows the depot to enter into subcontract however the definition of "subcontractor" under FAR doesn't include, "an entity who has entered into an agreement to provide supplies and services under a prime contract". Can my depot be considered a subcontractor because they are allowed to subcontract EVEN THOUGH they are not a supplier, distributor, vendor or firm? Or can I simply argue that a since "supplier" isn't defined it must simply be is any entity who can provide supplies or services? I know this seems pretty basic and that there are established processes for PPP agreements, however I'm stuck to arguing this path.
  2. Can "Material" as defined by FAR 52.245-1 be actual money? Money is property which can be expended. “Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property. If we're looking for our contract to give us money without using progress payments can it not be done as GFM? I found evidence of something similar being done on a Hill AFB contract http://www.hill.af.mil/shared/media/document/AFD-120119-037.pdf. Under Section H they included "CONTRACTOR UTILIZATION OF PUBLIC-PRIVATE PARTNERING AS GOVERNMENT-FURNISHED SUPPLIES/SERVICES (April 2010)" (Pg 7-8) which states that, "When proposals for TOs include utilization of public partner-provided resources, a copy of the public partner’s price and availability (P&A) shall be provided in the TO proposal. The Government will review the agreement, and if approved, will fund the DoD source directly as a Government-Furnished Supply or Service (GFS/S). Upon award, the implementation agreement between the public partner and the DESP III prime contractor will be incorporated into the TO as the basis for which the Government will provide the GFS/S. However, the dollars for resources provided by a public partner shall be separately identified within the agreement and will be added to the DESP III prime contractor’s proposed price as part of the price evaluation process for the specific TO." Now, I tried to look up Government Furnished Supply or Service (GFS/S) because I had never heard of it and I honestly couldn't find much. So I assumed since it was in Section H that it was Hill's interpretation of a GFM.
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