Bypassman

We currently have a service contract that has Two Clins one for the Total Award Amount of $3,xxx,xxx.00 and a separate clin that states" The guaranteed Min. value of this contract is $1,500,000.00 This is not a separately priced item." The Agency now says that they do not have the funds for the guarantee and would like for us to agree to a $500,000.00 guarantee of services to perform or they may have to terminate contract (we have not yet started actual performance other than mobilization and paying our Manager. My question is why should we have to agree to less without being compensated and if they terminate would they not be obligated to pay the $1,500,000.00 since it state a guaranteed min value and not work. Thanks

It states thirty(30) days prior to date of expiration.

Where the Contract has been extended under the extension of services clause several times thirty days at a time can the Option for an additionalyear of services now be ordered? We are still within our last thirty(30) day extension period.

Can we do anything about the Ability One issue?

You are correct. The contract did not expire before they exercised 52.217-8.

Our firm has documented three instances where the same company participating does an outstanding marketing job that has impacted our firm and several other small businesses. The Agency allows the current contract to expire without excercising available options ( Thus the small business can not claim it impacted its business substantially since it doesn't have the contract).They then issue an interim one or two month contract till the Ability One contract is in place. A representive of our firm met with the 502 C non-profit firm and stated" you have taken two of our contracts we only have one left at *******". The reply was "we are taking everything on that installation over ther next year its in the works Sorry". Last month our firm was told we would not be receiving our last option because of funding issues but would only be receiving a six month extension. This time frame corresponds exactely with the 502 C's schedule for their other work awarded to them an follows the same pattern that occurred at the other three installations. We have contacted the SBA to no avail. My questions are. 1. In the event we can convince the agency otherwise can they still excercise the remaining option after they have used the extension of services clause? If so were can I find that language. 2. The Contract is currently a SB set - aside and we were awarded the contract as a small business but now have 8(a) certification, the 502 C is a billion dollar company could the Agency sole source through SBA to us or does Ability One program have priority ? Thanks

We currently have a contract that was due to be optioned but have been told that we were only going to be extended due to the numerous changes in the contract which has increased the dollar amount more than double from the first year. This would be the second option excercised. The Contracting Officer has said that they can't excercise due to "Cardinal Change". However they have stated give them something to go to the higher ups to fight with and they would fight for us. All CPARS are excellent. Can the Agency Treat each option as a new contract? For instance first year Contract Awarded at $1,000,000.00 modified to $1,800,000.00 Option 1 optioned at 1,800,000.00 thus could increase t $3,500,000.00 since it didn't increase 100% in the "New Contract Period"? I seem to remember protest case that GAO ruled in favor of Government on increases in janitorial and grounds contracts in the past but can't find the cases. Any help appreciated Thanks