Ask A Professor (AAP) is a Department of Defense resource for asking acquisition and logistics questions concerning policies and practices.
8a Program Price Determination
9/20/2017 1:46:00 PM
Question: Is the contracting officer required to make two pricing determinations? 1) The award price is a fair market price IAW FAR 19.806(b), and 2) the award price is determined fair and reasonable IAW FAR 15.404-1(b)(2)?
Answer: FAR 19.202-6(b), Determination of Fair Market Price, states, "for 8(a) contracts, both with respect to meeting the requirement at 19.806(b) and in ...(More)
BPA Call Awards after Graduating from SBA 8a status
9/18/2017 3:15:00 PM
Question: Can the Government stop awarding BPA Calls due to our graduation from our 8(a) status when we still have 1 year remaining under the BPA? Shouldn't the company be considered as grand fathered in the award?
Answer: BPAs are Agreements, so in general the Government does not have to award a call under the agreement no matter the ...(More)
Closeout where Contractor is no longer in business
9/6/2017 3:22:00 PM
Question: What would the steps be to get this contract and orders closed out taking into consideration the requirements for releases and audits for increases in the indirect rates etc. (requirements of the Allowable Cost and Payments clause).
Answer: FAR 4.804-1(b) makes it mandatory to use the closeout procedures @ FAR 4.804-5 when closing out contract files @ FAR 4.804-1(a)(2)(3) and (4)which includes contracts requiring settlement of indirect cost rates, i.e., cost reimbursement contracts. The contract administration office (CAO) is ...(More)
Low Rate Initial Production - LRIP
8/30/2017 1:49:00 PM
Question: Is 52.245-1 an applicable clause for the disposition of LRIP items?
Answer: FAR 52.245-1 does not apply to LRIP items once they are accepted by the Government unless the items are subsequently provided as Government-furnished property (GFP). This is true for all deliverable items that have been accepted by the Government. GFP is defined at ...(More)
Fair and Reasonable Pricing Determination
8/30/2017 9:36:00 AM
Question: The requirement is to provide Budget Execution Financial Management and Acquisition support as stated in PWS. Can the "Competitive Average of all quotes (proposals) received be used as one of the basis in the fair and reasonable pricing decision for source selection process? Please respond ASAP. Thank you very much
Answer: See FAR 8.404(d), which has a DoD Deviation attached to it, stating, "d)Pricing. (DEVIATION) Supplies offered on the schedule are listed at fixed ...(More)
Implication of Wrong NAICS
8/29/2017 10:20:00 AM
Question: Can there be a mismatch between the NAICS, contract type and the clauses and what potential issues could arise because of the mismatch?
Answer: It seems implausible that if there's a code for "Other Commercial and Service Industry Machinery Manufacturing" there wouldn't also be one for a non-commercial equivalent. For example, why not use ...(More)
Single bidder despite anticipating multiple offers
8/24/2017 1:14:00 PM
Question: Can the contract be awarded to this single source despite lack of competition? Looking for a similar case and backup from the FAR.
Answer: This response is based on the information provided. We suggest you discuss with your contracting officer and/or legal department as appropriate. Under certain conditions, an award can be made to one offeror when soliciting under competitive circumstances. Without all the details, we ...(More)
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