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Change of Test Location


ThePunk

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A contract was awarded to a Contractor for production of non-commercial supplies. This was competitive procurement. The Government was to perform testing on the contract.

The Contractor submitted the First Article Test samples to Government within the Required Delivery Schedule. Per the contract the Government has 90 days to test and provide notice of approval or disapproval of the First Article Test Samples. The Government Test Facility has been shutdown for non-compliance issues and there is essentially no established time frame for when the Government's Test facility will be up and running again. The Government is unable to meet the schedule called out in the contract therefore causing delay to the Contractor.

A modification to the contract was issued changing the test facility from the Government to the Contractor's facility. The Contractor was paid for testing that occured under the contract.

I am seeking opinions on whether this could be considered a change outside the scope of the contract.

Keep in mind this was awarded based on competition, where proposals were submitted based on the Government performing testing on the contract. Additionally, the Government absorbed the test costs before the modification was issued.

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Guest Vern Edwards

The change was nothing but a change in the location of the test. That would be neither outside of the scope of the contract nor outside the scope of the competition. However, I don't know how to prove that to someone without writing an extended essay with text and case citations, which I'm not about to do. I presume that you have an attorney, if so, go ask him or her.

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A contract was awarded to a Contractor for production of non-commercial supplies. This was competitive procurement. The Government was to perform testing on the contract.

The Contractor submitted the First Article Test samples to Government within the Required Delivery Schedule. Per the contract the Government has 90 days to test and provide notice of approval or disapproval of the First Article Test Samples. The Government Test Facility has been shutdown for non-compliance issues and there is essentially no established time frame for when the Government's Test facility will be up and running again. The Government is unable to meet the schedule called out in the contract therefore causing delay to the Contractor.

A modification to the contract was issued changing the test facility from the Government to the Contractor's facility. The Contractor was paid for testing that occured under the contract.

I am seeking opinions on whether this could be considered a change outside the scope of the contract.

Keep in mind this was awarded based on competition, where proposals were submitted based on the Government performing testing on the contract. Additionally, the Government absorbed the test costs before the modification was issued.

I agree with Vern that, based on what you have provided us, this would not be outside the scope of the contract or competition. Why are you concerned that changing who does the FAT might be outside the scope of the contract?

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