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general_correspondence

Company was bought by IDIQ Competitor

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We are one of several Prime Contractors awarded under an IDIQ. We submitted proposals to task order requests and waiting on award, that included a outsourcing (subcontracting) from a supplier of ours, and we of course have an executed NDA in place with this supplier. Just a couple weeks ago, the supplier of ours we have the NDA with, was acquired by another Prime that happens to be on this IDIQ.  We don't know if this other Prime submitted a proposal to the same Task Order request we did, but what experience in the Wifcon community has this experience before and how was it handled? 

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21 minutes ago, general_correspondence said:

...how was it handled? 

How was what handled?

  • Perhaps you are concerned that your supplier (with whom you have a NDA) will disclose some of your proprietary information to its new owner?  The text of the NDA might address your concern.
  • Perhaps you are concerned that your supplier will drop you as a customer?  You might have to find a new supplier.
  • Or, perhaps you want to drop this supplier, and wonder if you need to update your offer under the recent task order request?  If the fair opportunity notice required you to identify your suppliers, you might ask the contracting officer if you may update your offer to identify the new proposed supplier.  The proposal revisions rules of para. (c) of the provision at FAR 52.215-1 or para. (f) of the provision at FAR 52.212-1 don't reach to fair opportunity notices under FAR 16.505(b)(1), so there isn't an applicable rule in this matter -- or at least, I don't know of a rule.

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On 7/5/2019 at 4:09 PM, general_correspondence said:

how was it handled? 

I am also unsure what is meant by this statement. It is not uncommon that a supplier goes out of business or that the proposal included supplier does not secure the actual subcontract award after the government awards the task order. So, not sure what there is to handle. If you will be providing current cost or pricing data to the government, you may update your subcontract bid at the appropriate time to change the supplier and/or price. And if you are not, I am not aware of anything to do while waiting to see if the award is made to your company.

Edited by Neil Roberts
typos context

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