tnt2k1

Thank you gentlemen! I appreciate the help!

Contract Requirements: We have a requirement where we need to have up to 425 students go through a two year training class over the span of 5 years (because that's the max # of years we can have on a service training contract, right?). We will structure the requirement where we will have up to 85 students per two-year class, and each subsequent class to begin a year later. Issue: We don't know whether we will have all 85 students attend the subsequent classes after the first class. We are structuring the contract in the following manner: CLIN 0001: Qty 85 -- POP 1/2015 - 12/2016 CLIN 0002: Qty 85 -- POP 1/2016 - 12/2017 (OPTION) CLIN 0003: Qty 85 -- POP 1/2017 - 12/2018 (OPTION) CLIN 0004: Qty 85 -- POP 1/2018 - 12/2019 (OPTION) CLIN 0005: Qty 85 -- POP 1/2018 - 12/2019 (OPTION) (the POP is intentional because having this class start a year after CLIN 0004 would make it a 6 year contract) Since we do not know whether we will have max 85 students per class/CLIN, can we partially exercise each option CLIN? For example, for CLIN 0002, instead of having 85 students we only exercise it for 60 students? Thank you for the help!

Termination for default is based on the contractor's inability to perform the option CLIN within the period of performance (will need more time to complete the option than what was initially proposed to the Government). The curve ball is: Option CLIN has yet to be exercised. Yes, meant to say "because." Thanks!

Question: Can the Government terminate a contract for default when the contractor notified the Government that it cannot perform an option CLIN within the period of performance specified in the contract? Contractor notified the Government of this 10 days prior to option CLIN exercise expiration date. Option CLIN remains unexercised.

Sorry for making this sound confusing and no, this is not going to be one of those dreaded threads. The problem lies with the losing contractor. By shifting the option CLIN exercise expiration date to a later date, could the losing contractor protest on the basis that a later CLIN exercise date could have improved their proposal?

Thank you for the prompt response. Let me expand a bit further now: It's been about two months since contract award and the exercise date is coming up in two weeks. So the loss is still very fresh to the losing contractor. The contractor could argue that by changing the exercise due date of the option CLIN, it can change the terms of the option CLIN. The potential protestor could also argue that by pushing the exercise option date to the right, it can alter a proposal because it can mitigate some risk and reduce acceleration costs to mobilize their resources in anticipation for that fast coming option CLIN. Could the protestor have a case? Thanks!

Question: Can I modify the contract to change the exercise expiration dates for each Option CLIN? Is it allowed? Is it protestable? Situation: Contract was awarded near the end of FY11 with several option CLINs because the customer wanted to fund them with FY12 money. Customer cannot get funding to exercise those option CLINs before the expiration date. Customer requests to move the option exercise expiration date to the right to buy itself more time to get money to fund those CLINs. I searched everywhere and I saw topics regarding negotiation option CLIN prices, exercising option CLINs that already expired, but nothing on this topic. The reason why I'm asking the question and researching it because my contracting dept head believes the losing contractor could protest this if we change the option CLIN exercise date. Thanks guys.