Industry_Comment-Government_Response_Matrix_-_Amendment_007.xlsx
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Industry Comment-Government Response Matrix - Amendment 007
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Sheet1
| GOVERNMENT RESPONSES TO INDUSTRY FINAL RFP COMMENTS - AMENDMENT 004 | |||||
| Comment No. | Document | Reference | Industry Comment | Industry Recommendation | Government Response (Accept / Reject / Modify) |
| 1 | SOW | Appendix D | Under SOW Appendix D, the Contractor assumes that the rework, replacement, or correction associated with CAT I defects as unallowable costs only applies for the 12 months after acceptance of supplies delivered under the final DD Form 250 for CLINs 0002, 0003, 0004, and 0005, and does not apply during the period prior to acceptance. For instance, because closing CAT I Defects is an explicit portion of the scope of work (for example in SOW Sections 1.1.2.5(a)(3) under CLINs 0002 and 0003), such costs should be allowable costs under the contract. Moreover, all of the references to Appendix D in the body of the SOW are in the context of warranties. | Please confirm that Appendix D only applies during the 12 months following completion of CLINs 0002, 0003, 0004, and 0005. | R: Appendix D applies for one (1) year after acceptance of supplies delivered under each DD Form 250 for CLINs 0002, 0003, 0004, and 0005. |
| 2 | SOW | Appendix D | The Contractor requests that the Government reconsider the acquisition strategy outlined in Appendix D. Imposing requirements on a R&D (3600 Funds) Cost Reimbursement contract and making the reimbursement of those allocable costs an Unallowable Cost is punitive in nature and imposes a potential uncapped liability on the Contractor. | Recommend revision of Appendix D such that the cost of rework, replacement, or correction associated with CAT I Emergency and CAT I Urgent Defects under CLIN 0002, 0003, 0004, and 0005 shall be included as an allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. | R: The statement in Appendix D to the SOW is ONLY applicable to the CAT I Emergency and CAT I Urgent Defects. IAW FAR 2.101, Unallowable Cost means any cost that, under the provisions of any pertinent law, regulation, or contract, cannot be included in prices, cost-reimbursements, or settlements under a Government contract to which it is allocable. The statement in |
Appendix D represents a mutually agreed upon Unallowable Cost.
3 SOW Appendix D While the government has confirmed that both 52.246-03 and 52.246-08 shall apply for one (1) year after the acceptance of delivered supplies, the government has not explicitly stated the duration of the obligations under Appendix D. Please confirm that the obligations under Appendix D shall only apply for one year after acceptance. A: Appendix D language modified to read, "The cost of rework, replacement, or correction associated with CAT I Emergency and CAT I Urgent Defects in accepted supplies discovered within one (1) year of each DD Form 250 acceptance under CLINs 0002, 0003, 0004, and 0005 shall be considered Unallowable Costs."
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