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A cautionary tale: Claims must be submitted to the CO first

October 31, 2014 By ei2admin

As a contractor on a federal project, how often do you interact with the agency’s contracting officer?

Given the state of today’s understaffed acquisition workforce, the answer is probably not very often, if at all. Instead, you more often find yourself dealing with a varied cast of characters during contract performance – including CORs, COTRs, and resident engineers. While these government representatives can act with the authority of the CO under many circumstances, there are certain times when only the CO will do.

One example of a communication that must go directly to the CO is a written claim for time or money under the Contract Disputes Act.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=343048

Filed Under: Contracting Tips Tagged With: claim, CO, Contract Disputes Act, COR, COTR

8(a) subcontracting limitations: Compliance oversight lacking

October 15, 2014 By ei2admin

Compliance with the limitations on subcontracting are not adequately being monitored by the contracting officers responsible for 8(a) contracts, according to a recent GAO report.

After reviewing a representative sample of ten 8(a) contracts, the GAO determined that contracting officers effectively monitored subcontracting limit compliance on two of those contracts.  In other cases, agency contracting officers failed to effectively monitor compliance, even in situations presenting a heightened risk of potential violations–such as where ineligible incumbents were serving as subcontractors.

The GAO report documents “confusion” among contracting officers regarding their obligations to ensure compliance with subcontracting limits.  Some contracting officers were confused about what sba-logothe FAR, Small Business Act, and SBA partnership agreements require.  Other contracting officers seemed to assume that their CORs were primarily responsible for ensuring compliance with the subcontracting limits – although all 10 of the CORs in question “stated that contracting officers have not delegated this responsibility to them and they do not take steps to monitor the amount of subcontracted work.”

Keep reading this article at: http://smallgovcon.com/statutes-and-regulations/8a-subcontracting-limitations-compliance-oversight-lacking/

Filed Under: Contracting Tips Tagged With: 8(a), CO, COR, FAR, GAO, limitation on subcontracting, Small Business Act, subcontracting

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