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  1. We have an 8(a) company who for the last two years, received an unfavorable CPARs rating. The requirer wants to modify the current contract (which is a CPFF, runs out Dec 2015) by extending the period of performance for another 30 months and giving contractor approximately $6M (due to the funds expiring 30 Sep). We have explained (to no avail) that if we try to use the adverse info in a future past performance evaluation, the contractor can point out that the performance problems must not have been that bad, since the Government turned right around and extended the contract for a considerable amount of time. They could also argue against any use of those ratings in ANY meaningful way. They could also argue that they did have performance problems but they fixed them (which they have not!), as evidenced by the Government's show of confidence in the contractor by way of a sizable contract extension. Our proposed course of action is to let the current contract expire in Dec 2015, and initiate a new contractual effort with another contractor to complete what wasn't accomplished on the existing contract. However, that doesn't solve the issue of losing $6M in funding. Another course of action that has been suggested is to do a UCA with another contractor to complete what wasn't accomplished on the existing contract (thereby freezing the $6M funds) and award sometime after the existing contract ends. Needless to say, this is much more complicated than I have written down but I tried to keep it simple. I am looking for any suggestions that might get us both (requirer and contracting) what we need.
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