Neil Roberts

Alternatively I would substitute the following for "value" after "best" ...overall combination of quality, price, and other relevant criteria that provides the greatest overall benefit and/or the most advantageous contract to the Government in response to the specific requirements.

I would substitute "consideration" or "contract consideration" for "value."

Google AI dump: In a legal context, particularly in public procurement and government contracting, the term "best value" means the overall combination of quality, price, and other relevant criteria that provides the greatest overall benefit or the most advantageous offer in response to the specific requirements.

Department of War Construct Guidance https://www.war.gov/News/Releases/Release/Article/4314411/department-of-war-announces-new-cybersecurity-risk-management-construct/ @Charles Farrior are you asking if someone has inside info to fill in the dates for the construct elements????

@Charles Farrior See 90 Fed. Reg. 43560 https://www.govinfo.gov/app/details/FR-2025-09-10/2025-17359 effective November 10, 2025

The War Department site https://www.war.gov/News/Contracts/Contract/Article/4305669/ summarizes it as follows: DEFENSE LOGISTICS AGENCY The Boeing Co., St. Louis, Missouri has been awarded a maximum $41,801,543 modification (P00004) to an undefinitized delivery order (SPRPA1-24-F-0051) issued against a three-year requirements contract (SPRPA1-SPRPA1-22-D-001U)22-D-001U) to retroactively increase line items and establish additional funding to extend the existing undefinitized contract action. This was a sole-source acquisition using justification 10 U.S. Code 3204 (a)(1), as stated in Federal Acquisition Regulation 6.302-1. Location of performance is Missouri, with a performance completion date of Sept. 16, 2027. The military services are Air Force, Army, Navy, and Marine Corps. Type of appropriation is fiscal 2025 through 2026 defense working capital funds. The contracting activity is the Defense Logistics Agency Aviation, Philadelphia, Pennsylvania. :

Well, for example, the specific quantity needed by the Agency from time to time, at a specified delivery address needed by the Agency, and the price for that specific need in order to pay for 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.

delete

@Anthony03, I don't know what HSE is or does in relation to the prime contractor's work. If the work contractor does includes HSE management, I don't see an actionable problem that contractor offloads this work to a 3rd party. Just because a government requirement does not require HSE, does not mean the contractor is unable to support its normal practice to comply with HSE management. But the facts are really important, and many questions remain. You may contact the Small Business Administration or your congressional representatives to question this practice impact on small businesses.

what is your contract included language?

has the option been exercised and if so, what is the current "ceiling" and fee?

seems to me there needs to be a dollar amount assigned to the omission and a % to the total proposed bid amount in order for there to be a material omission conclusion. Also, did the bidder estimate the cost of the questionable items? If so, there is nothing wrong with that, is there?

What more information would you need? OY1 underburned, OY 2 is over burning. This is CPFF, the contract is incrementally funded. Facts that contradict what I see: A CPFF contract type normally includes an estimated cost and a fixed fee for the value of the work. The amount of the fee can be equated to a % when compared to the estimated cost. It appears from your post that the actual cost is underrunning the contract estimated cost for an item? Underruns of actual costs can't be contractually transferred anywhere. You seem to indicate that there is an overrun of the estimated cost on another item? Overruns of actuals also can not be contractually transferred anywhere. No current contract estimated cost or fixed fee of a seller can be increased unless the buyer receives consideration. Perhaps you can also explain the contract elements of a "ceiling" CPFF?

@Birdsong , without more applicable facts, my answer is, "no,"