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Fed101

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  1. The award was made on a DD1155. This not a COE master contract or task order award. For better or worse UCF was used.
  2. There is a construction FFP task order under a MATOC. Prior to award the contractor's submitted a priced proposal for technical approval under LPTA. The technical review ensures that items of works within the SOW are included in the proposal. The successful proposal included an item of work that was not mentioned in the SOW (above and beyond). After award the requesting activity wanted it to be incorporated into the project, along with several other non related items as part of modification. However the contractor is requesting compensation for this work because it is not part of the original SOW. There is no specific reference in the request for proposals, or award which would incorporate the proposal into the award. There is no reference to betterments in the request for task order proposal. The master contract includes FAR 52.215-8 Order of Precedence which also makes no reference to incorporation of the priced proposal into the award. The COE has a special Order of Precedence clause for Design-Build contract which incorporates "betterments" but that clause was not used. Is the contractor obligated to perform work within its own price proposal, though not included in the SOW? Does the contractor's proposal automatically become "the contract" even in the absence of language declaring incorporation?
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