CONTRACT AND SUBCONTRACT LANGUAGE PROJECTS

For client-copyrighted system, discuss Government-customer understanding of requirements to qualify as a Commercial Item (per FAR 2.1010). Discuss the FAR definition of a Catalog Price and any “delta” cost or price data for minor differences. Address Profit considerations recommended for inclusion with cost or pricing data, to increase likelihood of acceptance of proposed Profit. Describe the pro’s and con’s of a GSA Schedule offering. Briefly explain an IDIQ contract-type as an alternative to GSA Schedule pricing. Research and highlight FAR excerpts. Draw the concept to “picture” how an unfunded, unscheduled IDIQ works. Attach FAR excerpts and picture to email message.

Review subcontract language using “Review Mode” of Word. Research FAR 15.406-3, 15.404-4, and other excerpts. Write out “Review” (for acceptance or rejection) instructions in an email. Recommend overall conclusions about intent of contract language. Research FAR 52; carefully read FAR 52.203-6 for prime contractor pitfalls; and evaluate the Smart Matrix for insertion as a hyperlink. Advise client of additional Terms & Conditions text in the first paragraph of the subcontract. Write out words to show from where each section of clauses comes. Within the FAR section, add required clauses by contract type, including the “all contracts” section.

Contract and Subcontract Language Projects by Mahnke Consulting
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Need a simple English translation of terms and conditions? Need a new subcontract drafted with protective flow-downs? Need regulatory interpretations without your eyes rolling to the back of your head?

Work with an ongoing client, covering multiple objectives. Translate terms and conditions (T’s & C’s) in multiple documents. Add several comments to customer T’s & C’s on intellectual property; discuss client concerns; and rewrite recommended revisions. Research and evaluate FAR clauses within one section of T’s & C’s. Label (non-negotiable) public laws, recommended deletions, and defense for negotiating clauses. Research FAR Part 52 to comment in understandable language. Discuss contract types and their (separate) cost/price proposal formats; ways to support travel expenses; and decision-trees for several subcontract/purchase flow-down clauses.

Guide client through subcontract administration requirements for Contracting Officer approval and simplified acquisition threshold, FAR 52.244-2 plus FAR 16.601. Guide client through contract administration of scope changes intended for Modification 001. Draft (DCAA audit-related) request to ACO with copy to Contracting Officer of client’s major, flexibly-priced contract. Discuss allowability of costs for a tradeshow demonstration specifically required by a Statement of Work (SOW).
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