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Found 4 results

  1. When an agency intends to exercise an option (usual authority 52.217-9; 30 days) and for various financial, operational, etc. concerns the incumbent contractor informs the agency that the incumbent contractor does not desire to continue performance during the upcoming option period; is that a termination for convenience, termination for default or does the agency just simply not exercise the option and begin the acquisition cycle for a new solicitation? Has anyone experienced this scenario and what are some of the applicable notification requirements/regulations/parameters for an incumben
  2. Reaching back into a pool of competitive offers for a second award from that pool is permissible after the first award is terminated for default (GAO bid protest decision Maersk Line, B-410445; B-410445.2, December 29, 2014) -- this is rather commonly done. The Court of Federal Claims allowed this reach back (instead of a new competition) after the first award was terminated for convenience (Coastal Environmental Group, No. 13-71C, August 13, 2014) -- this is probably done only rarely. My contracting office is thinking of drafting a provision for use in solicitations for service contract
  3. I have a situation with a recently awarded multiple award contract. This award was made on the basis of lowest price, technically acceptable and there were a few technically acceptable offerors that did not receive the award due to price. Three days after the awards were fully executed, one of the awardees stated that they could not do business with our agency because a few of their clients who were adverse to agency would not sign a waiver for them to work with the Agency. In the solicitation, there are disclosure requirements for the offerors regarding organizational conflict
  4. CPFF, completion type contract for R&D. Contract contains FAR 52.232-20. Effort includes a prototype as final deliverable, a demonstration of that prototype, and several data deliverables along the way (including reports). During performance, contractor was months late on delivering several important reports. The contractor does not dispute this fact, but argues that it gave its best effort overall under the contract. Oversight was not as thorough as it should have been, but the COR asked the contractor for the missing reports several times during performance. The contracting officer wa
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