Award to a not-for-profit organization - Perplexed

Started by ipod24 · Dec 5, 2011 · 5 replies

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ipod24
Dec 5, 2011 · 14y ago
Original post
I need some help/opinion?

I have a service contract that is currently performed by; let?s call it company A for Youth Ministry services. Company A is a not for profit organization. This acquisition was previously executed under SAP; however, due to an increase in demand they have upped the number of personnel/contractors performing the services offered. Thus, the follow-on contract is anticipated to be done under FAR Part 15. Now, all past actions aside, when I was performing my Market Research and digging for information regarding this service? I found out that the Government, paying for Contract A?s service, is also supplemented by three other not for profit organizations ? personnel?s salary to perform Youth Ministry service on base. I?m not sure if this is a subcontracting ?phenomenon?; I always thought the Prime (i.e. Company A) pays its subcontractors not the other way around?

Question:

Is this even legal/allowable? If so, what governs such actions?

The other issue I have is that the Government is taking in donations during its Sunday?s Mass? and at times they have used the funds collected to pay Company A exclusive of the payments under the contract, which from a contract perspective isn?t captured. I?ve read AR 165-1, Chaplain Corp Activities and nothing from my reading states these actions whether it is or is not allowed.

Question:

Is this right? From a contracting perspective cost that is accrued through the performance of the contract should be accounted for; however, this plus the supplementation from other not for profit organization isn?t actually captured in the overall total cost of the contract.

Finally, as stated earlier Company A provides Youth Ministry services? the three other not for profit organization has its philosophies applied to Company A?s method of providing services. To be more specific, the three not for profit organization are (Youth for Christ, Young Life, and Young Teen) all which has no formal affiliation with the Government, but render service to the Government openly. I am sure there was some form of agreement between Company A and the three other not for profit organization to permit its philosophies to be applied under Company A?s representation. Mind you this approach has been going on for several years? My approach was to set this under a competitive acquisition? However, let us say I did? If some other company did manage to get this requirement they would have to establish the same form of agreement with the other three not for profit organization to maintain continuity to the Youth Ministry programs. If you think about it if it was awarded to other than Company A, the total cost of the contract may be higher? depending on whether and if the three other non for profit organization supplement pay of the awardee.

Question:

What are your thoughts on these?

* AR 165-1 ? Specifically does not allow personal service

I am just perplexed at the overall state of this requirement and I apologize in advance for this lengthy inquiry.
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Guest Vern Edwards
Dec 5, 2011 · 14y ago
Is the contract for the religious services of a priest, rabbi, or other minister?
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ipod24
Dec 5, 2011 · 14y ago

Is the contract for the religious services of a priest, rabbi, or other minister?

The Youth Ministry service program is spear headed by the Garrison Chaplain. They want to provide Youth Ministry services to the Protestant, Catholic community, and other denominations. So yes, religious services for the Installation chaplains ? no specifically targeting one denomination.
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Guest Vern Edwards
Dec 5, 2011 · 14y ago
Hopefully, you'll get a response from napolik, who has contracted for such services, or from someone else who has.

Point of advice, your description of the problem in your first post is not as clear as it could be. You might want to rewrite it to clarify the situation.
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ipod24
Dec 5, 2011 · 14y ago

Hopefully, you'll get a response from napolik, who has contracted for such services, or from someone else who has.

Point of advice, your description of the problem in your first post is not as clear as it could be. You might want to rewrite it to clarify the situation.

Thank you Vern.

I would be more than happy to address futher clarification on my initial post. I may have held back more information than I had put forth and definitely can see the vaugeness on my post - I was just concern that I was going to create a novel .

So please fire away.
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brian
Dec 19, 2011 · 14y ago
late to the party - can I come in ?

...

The first thing that occurred to me: since a non-profit cannot qualify as a small business, they cannot bid on a SBSA.

So, are you NOT setting this aside for some category of preference-eligible small business ?

At a minimum, if these services are limited to one geographic area, like a metropolitan area or a county,

this HAS to be set aside.

In the Fort Hood area, for example, I know of 3 small businesses who can do this sort of work -- and I don't even live in Texas.

So,

a non-profit cannot bid, and a non-profit cannot win the contract.

_________________________

In response to Mr. Edwards' query, no, this contract is not (necessarily) for the services of ordained ministers. At most Army posts, these services are provided by lay people.

______________________

for me, the most problematic part of your situation is the conversion of NAF to personal property.

Yer Chaplain is a crook.

You are obliged to report this to the Criminal Investigators on base.