Salus Posted October 8, 2021 Report Share Posted October 8, 2021 Good Day, Can a task order (under an IDIQ and under the protestable threshold) that was recently awarded be re-evaluated and/or re-awarded by the Contracting Officer if there were significant errors found in a vendor's evaluation during the debriefing process? Thanks! Link to comment Share on other sites More sharing options...
ji20874 Posted October 8, 2021 Report Share Posted October 8, 2021 A contracting officer may terminate a task order for the Government's convenience any day of the week, including for reasons such as you described. Or, are you asking about a recession, withdrawal, cancellation, revocation, or similar action (however it is styled) without invoking the T4C process? Link to comment Share on other sites More sharing options...
Salus Posted October 8, 2021 Author Report Share Posted October 8, 2021 Can the CO cancel (or pause) the TO to reevaluate proposals after erroneous material is removed from the evaluation and then re-award from the same solicitation, or would they have to terminate for convenience and resolicit? Being aware that all of this is at the CO's discretion, I would like to know what options they have to remedy a task order award if it was made in error. Thanks! Link to comment Share on other sites More sharing options...
Vern Edwards Posted October 8, 2021 Report Share Posted October 8, 2021 If, after providing a fair opportunity and issuing a task order, a CO decides on his own initiative that the agency erred in its evaluation and award, the CO can take corrective action. The CO could direct the contractor to stop work on the task order. The agency could then perform a new evaluation, and the CO could either confirm the agency's original decision or make a new one. The CO could then either either cancel the stop work order and compensate the contractor for the delay or terminate the task order for the convenience of the government and issue a new order, as appropriate. The FAR does not describe that process in so many words, but it is clearly within a CO's discretion in order to maintain the integrity of the contracting process. See FAR 1.602-1 and 1.602-2(b). Link to comment Share on other sites More sharing options...
C Culham Posted October 8, 2021 Report Share Posted October 8, 2021 10 hours ago, Vern Edwards said: If, after providing a fair opportunity and issuing a task order, a CO decides on his own initiative that the agency erred in its evaluation and award, the CO can take corrective action. Should FAR 52.216-32 be in the multiple award IDIQ it as well supports the CO resolving the matter especially if the errors were called to the attention of the CO by another party to the contract. See paragraph (c). Link to comment Share on other sites More sharing options...
Salus Posted October 8, 2021 Author Report Share Posted October 8, 2021 Great, thank you for the answers everyone! Link to comment Share on other sites More sharing options...
.gif)
Recommended Posts