SEA_05_ESS_Q A_19Nov.pdf

NAVSEA 05 Engineering Support Services Q&A, posted November 19, 2014

1)

Question: We are concerned with Questions and Answer number 28 posted on FEDBIZOPPS.GOV on 10/8/14. Specifically, FAR Clause 252.244-7001 seems to be an exclusionary requirement for this procurement and does not seem equitable nor fair for medium sized companies who Subcontract in accordance with FAR 44.201-1 (b) (Consent Requirements if the contractor does not have an approved Purchasing System) yet are unable to get an approved Contractor Purchasing System (CPSR) from DCMA’s cognizant Administrative Contracting Officer (ACO) as they (including Tecolote) do not meet the CPSR requirement of “....Subcontract sales of over $25M in the next twelve months” to receive a DCMA approved purchasing system evaluation or certification.

Please note, for procurements whereby we have utilized Subcontractors and Team Members, we request Contracting Officer Consent to Subcontract IAW FAR 44.201-1(b). As a recommendation, perhaps the Government considers the following requirements for this effort 1) An approved Purchasing System for Contractors who have been certified or project to have Subcontract sales of over $25M in the next twelve months or 2) Contractors who do not have a certified Purchasing System and do not project to have Subcontract sales of over $25M in the next twelve months, they must require Consent to Subcontract in their proposal Offerring IAW FAR 44.201-1 (b).

Answer: The DFARS prescribes that DFARS 252.244-7001 be included in all contracts containing FAR clause 52.244-2. FAR clause 52.244-2 must be included in all contracts that will contain subcontracts. Therefore, DFARS 252.244-7001 must be included in this solicitation and the resulting contract. In accordance with DFARS 252.244-7001(f), payments will be withheld if the Contracting Officer makes the final determination to disapprove the Contractor’s purchasing system. A purchasing system review would need to precede the disapproval of the Contractor’s purchasing system. The Contracting Officer is not directed by the FAR to withhold payments for an unapproved purchasing system. If the contractor does not meet DCMA’s threshold for a purchasing system review, then a purchasing system review would not occur and the Contracting Officer would not have any reason to withhold payments on the basis of a disapproved purchasing system. In the instances where a Contractor has an unapproved purchasing system, the Contracting Officer could give consent to subcontract in accordance with FAR 44.201-1(b).

2)

Question: The Sources Sought for Small Businesses requires the contractor to possess a Top Secret (TS) facility clearance at the time of proposal submission. (a) Will this TS facility clearance requirement also be in the full and open solicitation? (b) Would the government view a proposal as compliant if this requirement is met by a subcontractor to the prime? (c) Because a company can only be granted the TS facility level clearance after the contracting activity sponsors them, would the government consider restating the requirement as “Contractor must possess required Facility Clearance levels prior to commencing performance”?

Answer:

a) The TS facility requirement will be in the solicitation.

b) The Government will not execute an award if the TS facility clearance requirement is met by a subcontractor to the prime.

c) If an offeror is selected for award and does not possess a TS facility clearance, the

Government will sponsor the selectee to apply for TS facility clearance. An award will not occur until the TS facility clearance has been granted.