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About rios0311

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    Washington, D.C.

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  1. I agree with bob7947. The contractor must first figure out the amount of the refundable tax credit to which it is entitled under the FFCRA (Division G) before it can seek relief under section 3610 of the CARES Act (Division A). That shouldn't be too difficult to do; however, because the CARES Act was enacted in March and FFCRA did not go into effect until April 1, contractors will have to look to CARES to recover reimbursement for the cost of paid leave they provided to their employees during parts of March to keep them in a ready state and to protect contractor-employees and federal employees
  2. Circling back to report that after reviewing several active FAPIIS records, we found that it is common for the CO to attach the termination notice and the termination modification. I didn't see an instance of a CO posting a copy of the CO's memo to file, but that does not mean it isn't permissible. The contractor has a 7-day period to review the information and assert to the CO that the posted information is covered by a disclosure exemption under FOIA. At that point, the CO must within 7 calendar days remove the posting while it determines whether the information is releasable or protec
  3. Thank you, Joel. I was hoping to also elicit some feedback about the appropriateness of posting the termination notice or the memo to file.
  4. When reporting a termination for cause in FAPIIS, what documentation is appropriate or permissible for the contracting officer to attach to the record? For example, should or can the contracting officer attach the termination notice to the FAPIIS record if it explains in detail the basis for the termination? What about the CO's memorandum to the contract file; should or can it be attached to the FAPIIS record? If it is appropriate or permissible to attach these documents to the record, is it advisable to do so? Why or why not?
  5. So true! I'll be back with more questions or with updates once the dust settles.
  6. Jacques, this is incredibly helpful. Thank you. To both you and Retreadfed, I edited my original post in hopes of making it clearer. I deleted some details that perhaps didn't matter much, so I hope it makes better sense now. In any event, your responses provided me with what I needed. Much appreciated!
  7. Thank you, ji20874. There are no excess costs that would result from exercising the options because pricing on those services is similar on both contracts. The agency is only looking at the implementation (base period), because those were costs the agency should not have had to incur again. But you might be right in that the agency may not be able to recover them. Your possible approach seems reasonable too. The agency didn't anticipate being in that situation, so they did not plan for it.
  8. Question Has anyone come across a case where the COFC or one of the BCAs sustained or awarded reprocurement costs for a procurement that was conducted in anticipation of needing to terminate a contract; i.e., before the contract was terminated? Scenario The agency enters into contract A for a critical system. After its partial implemention and placement into operation, any lapse in the system's operation would lead to disastrous consequences for the agency. Although the system is deployed with some core functionality, the contractor is still working to complete the configuration
  9. Retreadfed, FAR 12.403(c)(2) states: The Government’s rights after a termination for cause shall include all the remedies available to any buyer in the marketplace. The Government’s preferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess reprocurement costs together with any incidental or consequential damages incurred because of the termination. Seems too simple. Is this what you were looking for, or did I misunderstand your question?
  10. Joel, I'm not teleworking! Retreadfed, I will leave it at " all rights and remedies provided by law", which would include case law. Unfortunately, I did not select the most anonymous user name when I set up my account years ago, so I prefer not to go into much detail at this point, since anyone can be reading this and could use anything here to strengthen their own arguments. We are confident in our position, but uncertain whether we will prevail in obtaining reprocurement costs. To clarify, we will only pursue reprocurement costs associated with the portion of the new contract attributab
  11. We did in fact re-procure a backup system anticipating the potential for needing to terminate the contract in order to have a seamless transition. Not having a seamless transition would subject us to significant liability from other parties. However, you are correct. No guarantee that we will recover that cost. At this point, we are just happy to be moving on. We will make as strong a case as possible.
  12. I appreciate everyone's feedback and the discussion, and I regret that I did not check back here to contribute further before going on holiday. Here's what we did shortly after my last post: 1. Cure notice is not required for late delivery, but we issued what amounts to a cure notice, which specified the deficiencies, provided a new delivery date with 30-days to correct the deficiencies, and advised of possible termination for cause. 2. Because we could not afford a gap in performance of the critical IT system, we procured a replacement system as a backup in anticipation of needing
  13. ji20874, yes, the CO has conferred with legal counsel, but the attorney had not encountered this situation in the past. Despite this, the attorney agreed that we should be able to do this unilaterally. I cannot respond to the remainder of your questions without starting a new thread, since it opens up an entirely new topic. More to come! Retreadfed, the intent is to re-establish a delivery schedule that is 30-days from the date of the notice. In other words, 30 days from today. They've had their 90 days, plus another 7 months worth of delays. We have notified them that we've moved the del
  14. Retreadfed, thank you for commending. 30 days because they have already received 7 months worth of implied or constructive extensions and each time they promise to deliever something, it is only a couple of days or weeks away.
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