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  1. Reviewer who is investigating the matter
  2. Question and Scenario: Contracting Officer awards a modification for a lease contract. In this modification the lease term was extended, price per square foot was increased and the amount of square footage was increased. Additionally, the modification stated that the agency would pay for the build out of the expansion once accepted, in a lump sum. Upon execution of the modification, the contracting officer did not secure any additional funding to fund the expansion or build out. Would this be considered Anti- Deficiency violation or a delinquent obligation / unauthorized commitment. The agency is provided an appropriation by congress and the funds needed would not exceed it. It's a messy situation - any insight is appreciated.
  3. The period of performance expired and there is no need for the services anymore. However, the contract was not terminated during the period of performance
  4. We awarded a commercial item Firm Fixed Price purchase order for a heart monitoring service. The contract price is $250,000. The contract was awarded and the contractor bought the equipment and hired staff to support the contract. Long story short- contract performance never commenced during the period of performance due to Government delay/issues. The period of performance expired and no termination was issued by the Government. This was awarded back in 2014. The contractor has now come back and wants to submit a claim for the equipment purchased, staff hired, and overhead. Asking for guidance on where to begin when looking at the costs submitted to determine what is fairly due to the contractor and what is fair and reasonable to the Government. I know this is an elementary question- but any feedback is greatly appreciated. Thank you
  5. I have a situation where one of our bidders refused to acknowledge a solicitation amendment. This amendment was issued to extend the period for acceptance of offers ( holding prices from 90 to 120 days). This is a FAR 15 procurement issued as a RFP. Can I exclude this bidder from the competitive range because they did not response or acknowledge (after several attempts) the amendment? GAO case law has many cases that deal with FAR 14. Would those case laws apply here -in FAR 15?
  6. I am currently in the process of creating a solicitation to utimately create a BPA for medical staffing services. I plan to procure these services off of GSA. There has been some debate as to whether to include clauses such as 52.212-4 and 52.212-5 in the solcitation. I have always been taught that if these clauses are in the GSA contract, then you would not duplicate them in a solcitation. Others in my office put these clauses in the solicitation even if the base GSA contract has them included. Trying to get an answer on the "correct" way to proceed.....if there one. Thank you!
  7. Greetings? I have a situation where I solicited 5 GSA vendors for a requirment. I had a sixth vendor come along and want a copy of the solicitation. I heard that I have to provide one to this vendor, even though they were not originally solicited. Can anyone tell me what FAR part and section specifies that this policy? Thank you
  8. We are currently activating a medical center, the first large scale activation for our agancy in over 25 years. Construction of the facility is underway, with completion due in 2012. We are currently procuring items needed for our hospital and clinics. The problem we are currently facing is that some of our purchasing is beginning now for items needed in 2011. Because the need is outside the FY purchased, it would seem that we are in violation of the Bona Fide Needs rule. Does anyone know of an exeception when activating a medical center or other activation situations? We are purchasing items in advance due to the fact of incremental funding. Procurement of everything required for a medical center cannot possibly be accomplished in one year prior to the opening of whole Medical Center. Any guidance is greatly appreciated.
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