Jacques

Recent posts

• The Absurdity of Congressional Contracting Perfection

  When NIH was planning this acquisition, I doubt anyone in the meetings advocating for it pointed out that attorneys' costs are recoverable on a successful protest.

  in Proposed Law & Regulations / Legal Decisions · 2y ago

• FFP vs FPLH vs T&M

  When you say FPLH, do you mean, "firm-fixed-price, level-of-effort" as described at FAR 16.207?

  in For Beginners Only · 2y ago

• CAS Applicability - IDIQ level or at individual TO level?

  > > Don Mansfield said: > > > It doesn't have to be pre-priced to be a contract. I agree.  FAR 16.505(b)(3) states, "If the contract did not establish the price for the supply or service, the contra

  in Contract Pricing including CAS & Allowable Costs · 2y ago

• commercial item CPFF subcontract?

  > > C Culham said: > > > ...\[M\]y sincere hope is that a prime/sub relationship is based on mutual understanding and awareness and as such the type of contract would be a mutual decision would it no

  in Contract Award Process · 2y ago

• Salary workers on Certified Payroll

  @C Culham has it exactly right.  I assume we're talking about the "Payrolls and Basic Records" clause at FAR 52.222-8.  If so, the definition of "laborer or mechanic" at 29 CFR 5.2(m) (and repeated at

  in Contract Administration · 3y ago

• commercial item CPFF subcontract?

  > > Just now, joel hoffman said: > > > Yep T&M is okay. Why was it OK before FAC 2005-15?

  in Contract Award Process · 3y ago

• commercial item CPFF subcontract?

  Perhaps another data point would be helpful. In 70 Fed. Reg. 56318 (Sept. 26, 2005), when the Councils posted the proposed rule implementing the statutory change to expressly recognize the ability of

  in Contract Award Process · 3y ago

• commercial item CPFF subcontract?

  > > joel hoffman said: > > > It’s not a “commercial service” under the FAR unless it’s compliant with all the applicable Part 12 procedures and requirements, including pricing in 12.207. One looks s

  in Contract Award Process · 3y ago

• commercial item CPFF subcontract?

  > > joel hoffman said: > > > One can’t simply pick and choose what paragraphs of Part 12 it wants to use to classify a subcontract as a commercial service, then ignore 12.207, which doesn’t provide f

  in Contract Award Process · 3y ago

• CAS Applicability - IDIQ level or at individual TO level?

  Nick Sanders is the editor now.  Judging from his LinkedIn biography, he was or is a FAR Bootcamp instructor, so that certainly puts him in good company.  (Sorry if I'm ruining an inside joke.)

  in Contract Pricing including CAS & Allowable Costs · 3y ago

• CAS Applicability - IDIQ level or at individual TO level?

  The following is another data point.  The more I try to understand this stuff, the more confused I get. > > Quote > > > Comment: Four commenters recommended that the Board revise the rule to include

  in Contract Pricing including CAS & Allowable Costs · 3y ago

• commercial item CPFF subcontract?

  @C Culham Your post doesn't rebut that the pricing arrangement is incongruous.  If there are established rates, then the subcontractor is in the best position to control costs.  In which case, it is i

  in Contract Award Process · 3y ago

• commercial item CPFF subcontract?

  > > joel hoffman said: > > > I’m not disagreeing that the type of services are commercially sold and provided and Fara said they are sold at established “rates”. If there are established rates for th

  in Contract Award Process · 3y ago

• commercial item CPFF subcontract?

  > > joel hoffman said: > > > However, “standard rates” for tests  are incongruous for cost reimbursement services. Either there is an established rate or the subcontractor would charge actual costs.

  in Contract Award Process · 3y ago

• CAS Applicability - IDIQ level or at individual TO level?

  Consider the DAU's CAS [decision tree](https://www.dau.edu/tools/Lists/DAUTools/Attachments/28/CON%20252%20CAS%20Flowchart%20\(FULL\)_PDF.pdf).

  in Contract Pricing including CAS & Allowable Costs · 3y ago

• CAS Applicability - IDIQ level or at individual TO level?

  > > Jamaal Valentine said: > > > [@here\_2\_help](/u/here_2_help) > > > > Your comment made me think of the DOD Source Selection Procedures. Outside of the FAR 1.108(c) reference it's not relevant h

  in Contract Pricing including CAS & Allowable Costs · 3y ago

• commercial item CPFF subcontract?

  Perhaps it is useful to make explicit what has been implicit in this thread.  It may be entirely obvious to all involved, but might not be obvious to a "newbie."  First, generally, the Federal Acquisi

  in Contract Award Process · 3y ago

• Are NDA's required with a Government Agency?

  > > On 6/1/2023 at 11:10 AM, OuterSpace said: > > > My question is, does my company need an NDA in place with the Air Force before we share this proprietary information? Or is an NDA not needed (or e

  in Contract Administration · 3y ago

• Amend vs. Modification

  While the answer to the OP may depend on the context, if that context is the FAR, then consider the following.  According to the [FAR Drafting Guide](https://www.acq.osd.mil/dpap/dars/docs/far_dfars_g

  in For Beginners Only · 3y ago

• commercial item CPFF subcontract?

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  in Contract Award Process · 3y ago