My company has been awarded a subcontract from a prime NSA (Ft. Meade) contractor, a small business. The award was a stand alone contract to the prime. The prime contract and subcontract were both awarded as FFP (not T&M or cost plus) , and we bid the subcontract as FFP. The referenced clause was included in the award to the prime; it reads, in part, as follows:
In order for the COR to conduct a complete and thorough invoice review, the contractor shall provide the following as an invoice attachment for each Technical Task Order (TTO)...:
1) The individuals by labor category being billed for the invoice period
2) The hourly rate for each category/individual.
3) The total number of hours per category/individual.
4) The total amount billed for each category/individual.
I cannot find the clause; the NSA states that it uses DFAR and FAR for its acquisitions, but I cannot find it anywhere. The only Section 352 I've identified is for Health & Human Services, and that doesn't include this section. I'd like to provide the prime with an argument to take to the Government to remove the clause because of its inapplicability or, failing that, demonstrate that it's not a mandatory flow down. Complying with it will cost us considerably more than we bid on this relatively small task order. Any guidance you can provide will be greatly appreciated.
Many thanks.