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PD216ohio

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  1. So there is no disincentive for the government to just completely ignore a contract and let the POP expire?
  2. I had been awarded a contract where the POP was one year. It was a simple project. However, the installation at which the work was to be performed seemed to have huge issues with communication between departments. We were instructed to arrive on a certain date to begin work. Things were immediately halted due to a base wide stop-work order due to another contractor on an unrelated project. We were instructed to stick around until it was lifted, which took 4 days and then it was halted again because the government had to move equipment into our area of work for maintenance. We were then instructed to pull out and to schedule a return. After months of attempting to return, we were met with lengthy delays in communication, a host of alternate proposed scenarios and ultimately left without any direction on when to return. The area of work is in a highly controlled access area. The POP expired and the personnel in charge are no longer at the base or in the same departments they were previously. We have submitted an REA and were offered substantially less than requested. We did request more than the original contract amount due to the expenditures made and time on site, as well as the incredible amount of time spent communicating with regard to this project. The amount offered from the government was substantially less than the contract amount and obviously less than the REA requested. Should we expect a minimum offer of the contract value for breach? It was a mid 30k dollar amount, if that matters.
  3. Sorry, it was a construction service contract to dismantle structures.
  4. Thank you for that insight/advice. Do I have a claim for the entire contract value simply because the government breached? I also have a pending claim for 21k for the week I spent on site, and which was consumed with the stop work order. I would have considered that wasted time to be billed in addition to the contract value since I was there on a date specified by the government and then accomplished nothing but was on standby at the orders of the government. Honestly, I was just going to bill them for that lost week and some time for prep work, office hours, etc. So maybe 30k total max. Further, I am not certain that I want to complete the contract (if given the option) given all the difficulties presented at this particular installation. As for an attorney, I think the cost for someone familiar with this area of law would cost more than the value of my claim.
  5. 52.233-3 NS 52.233-4 are cited, but not 52.233-1. Further, that clause seems to relate more so to claims arising during the course of a project (unforeseen work, etc), although I guess this technically qualifies as such. But I am more concerned with how this "ends" since the POP is long expired and the government remains unresponsive. None of the project was physically completed. I did find this decision, which seems relevant to some extent: Relyant, LLC, ASBCA No. 59809 (2018) Wherein the government's delay constituted a breach of contract.
  6. I was awarded a relatively small contract, under 35k. It had an unusually long POP of 1 year. I went through all of the trouble to get security clearances for employees, traveled to the site (out of state) to begin work on a date the CO selected as most advantageous to him (although not the best for us but I like to be helpful and cooperative). We were immediately notified that a stop work order was in place for an accident elsewhere at the facility. We were advised to stick around in hopes the order would be lifted soon. Our arrival date on site was a Monday, the stop work order was lifted on the following Thursday morning. A few hours later on that Thursday we were told to stop work again because other work had to be performed in our work area. I was then told to pack up and that we would reschedule for a later time. We had 7 months remaining. I spent that Friday having equipment picked up, situating things and headed back home the next day. Over the next 7 months, getting any responses from the gov was horrible. typically one response would take over a month. The last response or contact was 5 months ago and the POP expired 3 months ago. In previous conversations by phone (which I hate since I like everything documented in email) the CO told me that he thought his boss was intentionally trying to let the POP expire in order to wrap this project into something else. This project is at a highly secured area so I can't just pop in and restart work. My lost week and other time and expenses are about equivalent to the project value, even though we literally completed 0% of the physical work. The government has been wholly unresponsive. What do I do?
  7. No idea since the solicitation was cancelled after bids were received. I did find out that they rewrote the specs and awarded to a sole source.... and again, let me reiterate, that the new approach followed my analysis and detailed proposal.
  8. Joel, Thank you (and everyone) for your responses. You seem to understand the situation exactly. Others seem to think that I am disgruntled about not being awarded, which is not the case. I am disgruntled that the government appears to have completely changed the project after realizing I gave them a far better solution. I feel that they used my work product (bid/offer/proposal) to recreate a solicitation that used a completely new route, based upon my submittal to them. I am upset that I would put forth such effort, hoping to have offered a best solution... only to have the solution taken and used without my knowledge (or compensation). The repairs that I saw were completed by the awardee, were almost identical to my proposal of repairs. Keep in mind that the original solicitation was to replace the system, not repair it.... until I proposed a way to repair it. They then cancelled the original solicitation (which I bid) sometime after the bids were due. They apparently reissued an alternate solicitation that called for the repairs I had outlined and suggested. I did contact them and expressed my concerns, and simply asked them how we can resolve this. I do have a fairly good relationship with this office (or a couple COs in it) after completing a project for them, rated as excellent on all counts. They do control an amount of work in my local area.
  9. I have a situation where I bid a project asking for the replacement of a certain real fixture on government property. The soliciting office indicated that they would accept alternate solutions. I analyzed the fixture and presented a comprehensive plan to repair the operational fixture. The solicitation was cancelled after the bids were submitted. I was not notified that there was a rebid but did notice the item had been REPAIRED (not replaced) when I was in the area today. It was repaired in a manner that was very consistent with my analysis and proposal. Am I potentially due any compensation for producing the analysis and solution for repairing the fixture at a greatly reduced price from replacing it? Do I have any real recourse in this matter?
  10. Thank you everyone. It sounds like I have no recourse and I suppose I will just be submitting my offer again. I will inquire with the NPS about if they released my numbers to anyone. Also, the original bidder also is privy to what was a winning bid and could give someone that info. I'm rather dismayed at the course of action here. There was a prebid today for the re-solicitation and at least 10 guys showed up, representing maybe 6 companies. Winter here so I am sure more companies are looking for projects, therefor the greater turnout than last time.
  11. I kind of addressed this before but I think I framed the entire situation incorrectly. The NPS awarded a contract to a competitor. I was second best offer on the RFP. There was no requirement for a bid bond BUT there was a requirement to produce a performance/payment bond within 10 days of award. Project never gets completed, because awardee could not produce a performance bond, and the project is now up for re-solicitation instead of passing award to me. If it matters, the only two bidders were the other company and myself. Both our bids were under the government estimated magnitude for this construction project. Once I was notified that this all occurred (and before they reissued the solicitation) I insisted that I should be the awardee but the NPS insisted they wanted to resolicit with the exact same solicitation package. Nothing has changed but the dates. It seems to me that once it was realized that the first awardee could not satisfy the bonding needs within 10 days, the NPS should have acted to disregard them and award to the next responsible offeror. The NPS waited 120 days (the totality of the POP) before taking any action. Do I have any recourse?
  12. These seem to largely address the cancellation of a solicitation prior to award, but after bids/offers. In my case, an award was made and the awardee was unable to perform. What should happen next if we were second in line with an accepted offer? On Edit: Also, the general statement in each of these is that the government must have a reasonable basis (deficiency of solicitation) for re-issuance of a solicitation, when in my situation there would be no reasonable basis since the RFP was actually awarded to an offeror that was unable to perform. Therefor the solicitation is deemed good and reasonable and we are only left with who to award.
  13. I bid a few months ago on a project that I really wanted. It appears that there were two acceptable bidders (myself and the other bidder). The other bidder was the low bidder but was never able to provide the necessary bonding, etc, to perform the project. The soliciting agency is considering reissuing the solicitation instead of moving to the only other bidder (me). Do I have any substantial or reasonable grounds upon which to contest the reissue and request or demand that award be given to the other bidder (me)? This was an RFP, Firm Fixed Price Contract estimated range 100-250k. The "winner" bid 87k, I bid 97k, so there wasn't a massive pricing discrepancy. I am hoping to find a requirement to force award rather than go through the entire solicitation process again.
  14. I think I have a valid claim... but getting the CO to agree to that fact and authorize additional monies is an entirely different thing. I did contact an experienced firm and they feel this is pretty cut and dry in my favor. I suppose I have time to compose a well written and researched letter and request for equitable adjustment that might help me get to my goal here. Thank you for your help along the way.
  15. It was an interim amount and was tied to the NTP and crane plan approval. It states simply that it was for "mobilization of a crane to site".
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