1. (e) As soon as feasible after a stop-work order is issued, but before its expiration, the contracting officer shall take appropriate action to- 42.1601 General. (2) In addition, auditor determination may be used for business units that are covered in 42.705-1(a) when the contracting officer (or cognizant Federal agency official) and auditor agree that the indirect costs can be settled with little difficulty and any of the following circumstances apply: The risk assessment shall include- Had a history of three or more unjustified reduced or untimely payments to small business subcontractors within a 12-month period. (e) Past performance evaluations shall be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. (a) At any time during the performance of a contract of a type referred to in 42.802, the cognizant contracting officer responsible for administering the contract may issue the contractor a written notice of intent to disallow specified costs incurred or planned for incurrence. (c) Any additional contract administration functions not listed in 42.302(a) and (b), or not otherwise delegated, remain the responsibility of the contracting office. (E) Late performance by the subcontractor leads to later payment by the prime contractor. (19) Issue tax exemption forms. (c) The contractor demonstrates, to the cognizant contracting officer’s satisfaction, that- The evaluation should reflect how the contractor performed. (b) This section applies to all contracts in excess of $800,000, except fixed-price contracts without cost incentives or any firm-fixed-price contracts for the purchase of commercial items. An Unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g., management, quality, safety, or environmental deficiency reports, or letters). If this is not possible, an earlier audit may be used, but appropriate steps should be taken to identify and evaluate significant variations in costs incurred or in bases used that may have a bearing on the reasonableness of the proposed rates. 42.1501 General. (A) There have been no significant changes in the contractor’s organization; and The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory. (i) Sale of these assets with a provision for assuming liabilities; See the clause at 52.216-7(d)(2) for the description of an adequate final indirect cost rate proposal and supporting data. (f) Before novation and change-of-name agreements are executed, the responsible contracting officer shall ensure that Government counsel has reviewed them for legal sufficiency. Evaluation of Federal Prison Industries (FPI) performance may be used to support a waiver request (see 8.604) when FPI is a mandatory source in accordance with subpart 8.6. (i) Submit a written request to the cognizant contracting officer to consider whether the unreimbursed costs should be paid and to discuss the findings with the contractor; Contractors shall be afforded up to 14 calendar days from the date of notification of availability of the past performance evaluation to submit comments, rebutting statements, or additional information. (61) Obtain contractor proposals for any contract price adjustments resulting from amended shipping instructions. (5) Conducting a preliminary meeting of Government personnel; and By _______________________________________________ 42.705-5 Nonprofit organizations other than educational and state and local governments. The user first selects the desired contractor by entering a name or using a search feature. After the contractor is selected, the user presses a key to display the cognizant audit office. The selected information can be printed. By _______________________________________________ To justify an Unsatisfactory rating, identify multiple significant events that the contractor had trouble overcoming and state how it impacted small business utilization. (2) The Transferee agrees to be bound by and to perform each contract in accordance with the conditions contained in the contracts. (1) The contract, task order, or delivery order is physically complete; (2) The amount of unsettled direct costs and indirect costs to be allocated to the contract, task order, or delivery order is relatively insignificant. (1) A description of the work to be suspended; (2) Once a proposal has been determined to be adequate for audit in support of negotiating final indirect cost rates, the auditor will audit the proposal and prepare an advisory audit report to the contracting officer (or cognizant Federal agency official), including a listing of any relevant advance agreements or restrictive terms of specific contracts. (E) Late performance by the subcontractor leads to later payment by the prime contractor. Past performance evaluations for classified contracts and special access programs shall not be reported in CPARS, but will be reported as stated in this subpart and in accordance with agency procedures. Evaluation of Federal Prison Industries (FPI) performance may be used to support a waiver request (see 8.604) when FPI is a mandatory source in accordance with subpart 8.6. (66) Determine that the contractor has a drug-free workplace program and drug-free awareness program (see subpart 23.5). (47) Assist in evaluating and make recommendations for acceptance or rejection of waivers and deviations. Those individuals identified may obtain information for the evaluation of performance from the program office, administrative contracting office, audit office, end users of the product or service, and any other technical or business advisor, as appropriate; and. (2) Establishment of advance agreements or recommendations on corporate/ home office expense allocations; and (2) Adjusted as necessary pending establishment of final indirect cost rates. (ii) Other concerns of the cognizant contract auditors; and However, whether there is a purchase of assets or a stock purchase, there may be issues related to the change in ownership that appropriately should be addressed in a formal agreement between the contractor and the Government (see 42.1203(e)). 6 0 obj
The adequacy of the contractor’s accounting system and its associated internal control system, as well as contractor compliance with the Cost Accounting Standards (CAS), affect the quality and validity of the contractor data upon which the Government must rely for its management oversight of the contractor and contract performance. (1) The Transferor confirms the transfer to the Transferee, and waives any claims and rights against the Government that it now has or may have in the future in connection with the contracts. (b) The contracting officer (or cognizant Federal agency official) or auditor shall establish billing rates on the basis of information resulting from recent review, previous rate audits or experience, or similar reliable data or experience of other contracting activities. 42.302 Contract administration functions. (3) Agencies shall establish CPARS focal points who will register users to report data into the FAPIIS module of CPARS (available at https://www.cpars.gov/). (8) Issue Notices of Intent to Disallow or not Recognize Costs (see subpart 42.8). (5) State the notice’s effective date and the date by which written response must be received; Federal Government Contractors are subject to audits performed by the Federal Government to assure compliance with the terms of the contracts. (b) If the visit will result in reviewing, auditing, or obtaining any information from the contractor relating to contract administration functions, the prospective visitor shall identify the information in sufficient detail so as to permit the CAO, after consultation with the contractor and the cognizant audit office, to determine whether such information, adequate to fulfill the requirement, has recently been reviewed by or is available within the Government. Changes to audit cognizance shall be provided to DCAA so that the directory can be updated. Covered contractors must ensure that all covered contractor employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. (62) Negotiate and/or execute supplemental agreements, as required, making changes in packaging subcontractors or contract shipping points. The accuracy of contractor-prepared reports shall be verified either by a program of continuous surveillance of the contractor’s report-preparation system or by individual review of each report. (a) Past performance information (including the ratings and supporting narratives) is relevant information, for future source selection purposes, regarding a contractor’s actions under previously awarded contracts or orders. This advice shall-. 42.203 Contract administration services directory. The chairperson shall prepare and sign a report of the postaward conference. It establishes a requirement for the contractor to notify the contracting officer upon filing a petition for bankruptcy. The clause use is optional when a fixed-price contract is contemplated for services, or for supplies that are commercial or modified-commercial items. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. 42.002 Interagency agreements. (v) Modify contracts to reflect the addition of Government-furnished property and ensure appropriate consideration. Cognizant Government agencies and educational institutions are listed in the Directory of Federal Contract Audit Offices (see 42.103). (1) Terminate the contract; L. 111-212). Did not have a history of three or more unjustified reduced or untimely payments to small business subcontractors within a 12-month period. A 42.705-1 Contracting officer determination procedure. (1) The document describing the proposed transaction, e.g., purchase/sale agreement or memorandum of understanding. This subpart provides policies and establishes responsibilities for recording and maintaining contractor performance information. In the event of disagreement, the contractor may submit to the contracting officer a written response. The contracting officer may make commitments or give directions within the scope of the contracting officer’s authority and shall put in writing and sign any commitment or direction, whether or not it changes the contract. (D) There is an administrative mistake. The evaluation should include clear relevant information that accurately depicts the contractor’s performance, and be based on objective facts supported by program and contract or order performance data. Unless a contract change is contemplated, the chairperson shall emphasize that it is not the purpose of the meeting to change the contract. (a) Final indirect cost rates shall be established on the basis of-, (1) Contracting officer determination procedure (see 42.705-1), or. 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