1 edition of Nature and extent of subcontract competition conducted by prime contractors and .. found in the catalog.
Nature and extent of subcontract competition conducted by prime contractors and ..
Stephen Everett Smith
Written in English
|The Physical Object|
develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law. (C) For the purposes of subparagraphs (A) and (B. All contractors, therefore, are requested to submit proposals in their functional area. ITOP prime contractors may propose to use their resources, their critical subcontractors, or subcontract with any of the contractors qualified in other ITOP functional areas when competing for a task order requirement in their functional area.
(v) If the selection of the subcontractor is based on a trade-off among cost or price and other non-cost factors rather than lowest price, the analysis supporting subcontractor selection should include a discussion of the factors considered in the selection (also see FAR and and DFARS ). If the contractor s analysis is not adequate, return it for correction of deficiencies. FAR requires the prime contractor to ensure the appropriate flowdown of contract terms and conditions. To test for compliance, the PA shall examine the contractor’s subcontract controls and procedures and perform sufficient testing to ensure the contractor: Includes the appropriate flowdown clauses and instructions in its subcontracts.
Addx Corporation, a service-disabled veteran-owned small business of Alexandria, Virginia, protests its elimination from the competition conducted by the Department of the Army, Army Contracting Command Redstone Arsenal, under task order request for proposals (TORFP) No. WWR for professional and technical system support services for the Army's Special Operations . The Competition in Contracting Act (CICA) (10 U.S.C. section ), however, provides certain limited circumstances in which the contracting activity can consider FMS purchaser requests for procurement using other than full and open competition (commonly referred to as "sole source") when the contract to be awarded is expected to exceed the.
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Nature and extent of subcontract competition conducted by prime contractors and. By Stephen Everett Smith Get PDF (5 MB)Author: Stephen Everett Smith. nature and extent of subcontract competition conducted by prime contractors and subcontractors.
prime contractors and lower tier subcontractors under Government contracts is governed by a regulatory clause, FAR -5, "Competition in Subcontracting" (Note that this is a Part 44 clause; not one required by FAR Part 6. While the prime contractor has the responsibility of managing its purchasing program, the DCMA CPSR Team is responsible for evaluating the contractor’s overall purchasing system to ensure that it is efficient and effective in the expenditure of Government funds and in compliance with contract.
With respect to prime contractors who continue to include subcontract requirements which should have been eliminated based upon the late ASBCA decisions, those prime contractors are perhaps unwittingly reversing or negating the ASBCA decision.
To the extent the subcontract has specific. So, for the present, this new rule does not appear to require prime contractors to conduct market research for all subcontract purchases in excess of $,; it only requires market research when the prime contractor is acting as a purchasing agent for the Government, e.g., GOCOs, or other instances where the prime is just a pass-through conduit for Government purchases.
Scenario - A Federal government prime contractor has a policy that allows the solicitation of quotes from an OEM and distributors of the OEM products for a certain product that are only carried by the OEM and the distributors for parts needed in the performance of the prime contract.
Award determination is to be made on the lowest price offered. Peter Vander Werff Construction, Inc. (PVWC), of El Cajon, California, protests the award of a subcontract by Lawrence Livermore National Security, LLC (LLNS) under solicitation No. B for general construction and design-build construction services.
PVWC challenges LLNS's decision not to award the protester a master task agreement. The Devil Is in the Details: Distinguishing Subrecipient Awards From Subcontracts. The importance of distinguishing between a subrecipient of federal assistance funds and a contractor acting as a vendor to a federal grant recipient has been receiving more and File Size: KB.
Any contractor or subcontractor that is required to submit certified cost or pricing data also shall obtain and analyze certified cost or pricing data, unless an exception applies.
Both more than the pertinent certified cost or pricing data threshold and more than 10 percent of the prime contractor's proposed price. The prime contractor should enforce the subcontract if it receives variance reports, and report recovery actions to DOE. Management of the subcontract should be rewarded or penalized through the performance evaluation fee process discussed in Chapter 5, “Performance Measurement and Assessment,” of this Reference Book.
potential for competition as a critical consideration for not only prime contracts, but also for how they can encourage competition at the subcontract level.
In general, when firms compete for business there is a competitive pressure to put forth their best price to ensure they win the Size: KB. costs; increased competition, and an expanded pool innovative and non-traditional contractors that seek to do business with DoD.
Commercial item procurement is not a panacea, nor does it come without challenges, but it is a vital tool to achieve our national Size: 1MB. required to notify the contracting officer (unless the contractor maintains an approved purchasing system) Or any fixed-price subcontract that exceeds the greater of the SAT or 5 percent of the total estimated cost of the contract unless the contractor maintains an approved purchasing system.
subcontract delivery schedule critical to the overall program and compatibility with the prime contractor’s delivery schedule 7. such small quantities or specialized items involved that potential subcontractors may refuse to propose 8. ensuring successful performance will require unusually heavy prime contractor personnel participation 9.
by a Subcontractor through a procurement or purchase initiated by the Prime Contractor. Such subcontractor can be an affiliate company or in-house consultant of the Prime Contractor. • Make: A work activity, supply, or service to be produced or performed by the Prime Contractor.
Government Contracting Terms & Definitions. (or by the sub to the prime contractor) to satisfy contractual requirements. Subcontract. An agreement between a prime or general contractor and a subcontractor or subconsultant for the execution of a portion of the contractual obligation of the prime contract to the owner.
Subcontractor certified cost or pricing data must be accurate, complete and current as of the date of final price agreement, or an earlier date agreed upon by the parties, given on the prime contractor’s Certificate of Current Cost or Pricing Data. The prime contractor is responsible for updating a prospective subcontractor’s data.
The prime contractor, the Contracting Officer, other potential subcontractors, the SBA, or other interested parties, may challenge a subcontractor’s size status representation by initiating a protest to the Contracting Officer. Size protests are handled in accordance with sections 13 CFR to.
Cyberlock, the subcontractor, and Information Expert, Inc. (IE), the prime contractor, teamed together to bid on a contract issued by the Office of Personnel Management (OPM). Because of the unique nature of constructed facilities, it is almost imperative to have a separate price for each facility.
The construction contract price includes the direct project cost including field supervision expenses plus the markup imposed by contractors for general overhead expenses and profit.STATE OF TEXAS CONSTRUCTION LAW COMPENDIUM Prepared by1 Thomas W.
Fee & Paul A. Derks Fee Smith Sharp & Vitullo, LLP seeking damages from a contractor, or other relief from a construction defect, is obligated to produce evidence depicting the nature and cause of the defect and the nature and extent of repairs necessary, and provide the.FIVE DIFFERENCES BETWEEN MANAGING A SUBCONTRACT AND A GOVERNMENT PRIME CONTRACT The first of these differences is the issue of governing law.
Which body of law will be applied to the formation, performance, and discharge of the contract? Federal Common Law Federal prime contracts are governed by what is known as the “federal common law.”.