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Featured Replies

Posted

Hello, if a contractor is having problems providing a Dental Hygienist service for an option year, what options does contracting have?

Thank you.

On 8/26/2025 at 10:59 AM, HWD said:

Hello, if a contractor is having problems providing a Dental Hygienist service for an option year, what options does contracting have?

Thank you.

I have a hard time believing that a contractor providing dental services can’t hire a qualified dental hygienist. It if it can’t meet a contract requirement to provide a dental hygienist then technically, it could be in default, couldn’t it?

@HWD Depending on the facts, could be an impossibility of performance defense to a buyer's breach of contract action against the contractor seller . Needs to be an unforeseen event causing it to be impossible or commercially impractical to hire a qualified dental hygienist. You have not indicated the reason/facts. You have also not indicated if the contractor is foreseeing this situation in advance of the buyer exercising the option. If so, you should inform the buyer in advance in order to mitigate the potential damages.

On 8/26/2025 at 8:59 AM, HWD said:

Hello, if a contractor is having problems providing a Dental Hygienist service for an option year, what options does contracting have?

Thank you.

If you are the contractor, you should notify the contracting officer about the problem right now. Do it in writing. Be sure to say (1) that you are willing and eager to perform but (2) are having difficulty finding a hygienist despite diligent efforts and wonder if the CO would be willing to delay that start of performance under the option for a reasonable time pending your finding a hygienist, and offer consideration, e.g., a price reduction or something else of value. Send the letter in a manner that will deliver it quickly and document the date and time of delivery.

If you are the government, consider (1) declining to exercise the option or (2) modifying the contract to postpone the commencement of performance in return for consideration. To exercise the option knowing that the contractor is having a problem and then terminate the contract for default when the contractor is unable to perform would be absurd.

On 8/26/2025 at 10:59 AM, HWD said:

Hello, if a contractor is having problems providing a Dental Hygienist service for an option year, what options does contracting have?

Thank you.

@HWD Hello. Although various scenarios have been discussed by respondents, could you please provide some context to the stated problem? Your original post simply asked for options but really didn't provide any context/details.

My original post assumed that the problem became evident after exercising the option.

I’m assuming that this a contract/task order for dental services, including but not limited to dental cleaning services.

Is that correct?

The need for additional context seems evident.

For instance, is this now prior to exercising the option or is it afterward, during performance?

When was the government first aware of the problem?

Is providing a dental hygienist a separately identified line or sublime item? E.g., If so could it be too underpriced to attract or retain a current hygienist(s)?

Has the contractor explained why it is having this problem?

Etc.

Without any context/details, one can only speculate. .You asked for available “options” . But, as stated by others here, available options depend upon the specifics of the scenario.

Dental hygienist and cleaning .services are obviously an integral part of dental care.

Thank you.

EDIT: I noticed that the original poster last “visited” the site at the time he/she posted their question, over five days ago.

Hopefully, they are satisfied with the answers provided. Good luck.

Edited by joel hoffman

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