FARt Posted October 23, 2012 Report Share Posted October 23, 2012 We anticipate terminating a commercial item contract awarded based on tradeoff evaluation only three weeks ago. There were only three offerors. One of the unsuccessful offerors was only narrowly beat out for the award by the awardee. It is now clear the successful offeror cannot perform. Do we need to re-solicit or can we simply negotiate with the two original unsuccessful offerors and award to one of them? I know 49.402-6( b ) says that we should obtain competition to the maximum extent practicable, but this is commercial item contract. Resoliciting seems useless given we only awarded this contract 3 weeks ago. Link to comment Share on other sites More sharing options...
ji20874 Posted October 23, 2012 Report Share Posted October 23, 2012 If the acceptance period on the earlier offers is still good, you can ask the next-in-line to validate that its offer is still good and make award. If the acceptance period on the earlier offers has ended, you can ask both of them to revalidate and extend the acceptance period of their offers. Since you quote FAR 49.402-6, I assume you are doing a termination for cause. Link to comment Share on other sites More sharing options...
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