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CDNEW

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Everything posted by CDNEW

  1. Did GSA allow a company to hold more than one of those awards or did they require the new companies to reduce to one contract vehicle each? Thanks very much for your answer. Also, do you know if it has ever happened with the Air Force?
  2. My company purchased another large company; both companies held several IDIQ's issued by the same agencies for the same work. Through the novation process, the Contracting Officers allowed retention of one of the two IDIQ's and ceased issuing task orders under the other. I understand that the CO has full authority to accept or reject a novation. The question though is whether one company can hold two IDIQ awards (while all other awardees have one contract). I'm asking the question because of internal strife and resistance to the CO's decision on one contract. I'm hoping to settle the issues clearly. I have the anti-assignment statutes, but wondered if anyone knew of any other regulation, prohibiting the award of multiple contracts to different divisions of the same company, perhaps based on the competition regulations. So hypothetically, could a company with multiple divisions win multiple awards under the same umbrella contract? I hope that's clear. Thanks for your assistance.
  3. Thank you all very much for your assistance. I suspected that was the case but couldn't find any discussion directly tied to the FAR. I really appreciate this resource, your time, and your wisdom. Thanks.
  4. In April of last year, my company completed construction of some security gates. All testing was successfully completed and the gates were accepted. The warranty runs through April of next year. Last month, the agency with responsibility for the gates requested that the users perform testing on the gates that was more rigorous than the specifications provided and that testing has resulted in the gates breaking twice; both times my company has responded to the warranty call. The Government intends to continue this testing methodology monthly, which could result in an on-going warranty issue (particuarly if the repairs are assumed to re-start the warranty). The standard construction warranty clause (FAR 52.246-21) was included in the contract. Thinking of traditional contractual rules, I think this issue is a slam dunk--but haven't found anything related to it with respect to the FAR. In other words, the gates are being used in a manner that is outside of the specifications--hence, the warranty has been voided. So the question is--is there case law or specific FAR interpretation relative to mis-using material provided under a construction warranty? I greatly appreciate any assistance.
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