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ACQCON

FAR Part 16Post Award Notices for orders exceeding %M

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The contract vehicle is a multiple award construction contract. Two projects in the MACC, one is less than $5M the other is over $5M. the contractors are small businesses. They submitted bid bonds as required. The contractors are asking if the Government can inform them who the apparent low is prior to award to they can inform their sureties to release the bonding restriction so the contracts can bid on other projects. Both projects are waiting funds and the apparent awardee is known.

FAR Par 16.505 requirement is to provide post award notification on projects over $5M but not less than $5M. What statue prevents me from informing the contractors prior to award. Can FAR Part 15.503(a)(2) be used for the Project less than $5M but is a MAC contract using FAR Part 16?

Thank you for your assistance.

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Guest Vern Edwards
What statue prevents me from informing the contractors prior to award. [sic.]

You said that the apparent awardees are known. Do you mean that it is known to the other contractors or do you mean only that you know to whom you plan to make the awards?

Forget about statutes. If you have to ask your question here you won't know what to make of a statute. Stick to FAR and your agency's FAR supplement and policies about the release of information.

See the definition of source selection information in FAR 2.101, then read FAR 3.104-4, then ask your supervisor and your attorney if those rules apply to you in this case and, if so, whether they would preclude you from releasing the information that the contractors want. Don't release the information to anyone before award until you've talked to your supervisor and your attorney and documented what they told you.

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ACQCON:

You state they want to know who the apparent low is but, it seems they want to know if they are the apparent successful offeror.

Maybe the distinction matters maybe it doesn't.

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This is a MACC. Didn't clearly understand if only two firms are involved or how long they must wait but it appears that the firms' bonding capacity is tied up until you get funds.

This is not an uncommon circumstance. definitely ask your counsel. If it is legally possible and practical I would tell them, especially if there are yeR end projects out there to bid on. But check first.

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The fair opportunity process of FAR 16.505( b )( 1 ), which the original poster is using, is supposed to be a streamlined process. Making the task order award promptly will solve the problem.

That said, have you read para. ( b ) of the solicitation provision at FAR 52.228-1, Bid Guarantee? I assume this was included in your solicitation or parent IDIQ contracts. It tells you when you may return the bonds to unsuccessful offerors. Maybe you can return the bonds to unsuccessful offerors without disclosing the identity of the successful offerors?

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