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  1. By the way Culham, When I talked to her I made reference to 52.243-1 Alt 1 but she said that the clause that apply to this contract was 52.212-4 because according to her 52.243-1 is for FFP Construction services. I told her that 52.212-4 requires both parties to agree to a change and ask her what would happen if we didin't sign the change as not agreeing. She responded that then the government can make an unilateral change and declare the contract in default if we don't comply with the new hours of operation. This seemed to strong-armed to me but after further consultation and talking
  2. Good afternoon, Im sorry for not replying earlier. As you all mentioned it seems that we were entitled to the adjustment. We took the situation to our lawyers and after further consultation with the CO she decided to talk to the agency's legal department (which I believe was the first thing to do) and they said that in fact we were entitle to adjustment. My guess is that she wanted to please the customer (COR, engineers etc) and because of that didn't talked to legal in the first place. Thanks to all of you for your responses. Have a great weekend!
  3. We won a SCA FFP contract for the maintenance of some sensitive equipment where the RFP stated that the hours of operation where going to be from 8:00am to 4:30pm. We have been performing for the past 2 years without issues. As a matter of convenience - at contract start up- we agreed with the COR (I KNOW) to establish two shifts one from 6:00am to 2:00pm and another one from 2:00pm to 10:00pm. Now the customer wants to change the hours of the contract from 10:00pm to 6:00am. We notify the CO that we will comply but that we will request equitable adjustment. The CO came back saying that D
  4. Culham, Thanks for your response I have read most of the post you mention however many of the cases are related to large business were the SBA COC procedure does not apply. I understand that Further, it is the offeror’s responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation and allows a meaningful review by the procuring agency. How ever the GAO has stated that a responsibility factor can not be converted in a responsiveness factor by the procuring agency (I apologize for not having reference but
  5. Good night, On a FAR 15 Solicitation, Can an agency refer a company to a COC for a responsibility technical factor that was stated as pass/fail in the solicitation and then withdraw the referral and disqualify the company for material omission? Can this be seen as an excuse to disqualify a contractor that was perceived to be non responsible on a pass/fail technical factor? What if the agency then decide to conduct discussions with the non-eliminated contractors? Is the agency required to conduct discussions also with the eliminated contractor? By the way the proposal had the pro
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