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  • Question

    In construction, if a contractor have several active projects on base and get another new task order or a contract, the labor hours for each labor categories is negotiated to be prorated based on the total active contracts using the same personnel. Now my question, is this possible to do in software system services? Can I negotiate to prorate the service hours for their program manager, project manager, engineers working at the same site and using the same personnel? Is this acceptable what the contractor proposes, since this was already reviewed by the technical personnel or Is it considered as double deeping? Is there any site references that you can recommend about service labor work hours that relates to same location, same personnel working similar projects?


    Answer

    FAR 15.402(b) requires that contracting officers price each contract independently. While the incumbent offeror certainly could have proposed fewer hours for its personnel because they are already working on the current contract, it did not. This could be a topic for negotiation, but there is nothing that requires the offeror to price its proposal accordingly.

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