Just the FAC

This is a hypothetical that has come close to happening for me, but so far, fortunately no cigar. What recourse would a CO have if they intended to exercise an Option on an important contract (let’s say above the SAT), but they let the previous POP date expire before doing so? Could they retroactively exercise the Option and document the justification and decision in a memo to the file? Is the contract void at that point, too bad so sad? Thank you for any responses!

Hi All, I'm currently working on setting up a Call Order under a multi-award BPA which was a total small business set-aside. For this current proposal, several of the vendors are planning to subcontract with Community Based Organizations (CBOs). Some examples of these are: Neighborhood organizations, associations, community councils Minority serving institutions Community colleges Community development corporations Local nonprofits serving community residents Faith-based organizations Volunteer-run organizations with deep ties in the community (some issue-based alliances and coalitions, such as health, housing, food access) One of the vendors has asked if dollars spent by these CBOs would count against the limitation on subcontracting rule that 51% of government money must be toward contract work performed by the prime. I'm trying to figure out if these CBOs might count as similarly situated entities, in this case small business concerns. If they are, dollars spent by a CBO would not count against the 51% per 52.219-14(a)1 since this is for services. While I believe all these CBOs would definitely meet the NAICS size standard, what's tripping me up is the definition of "Concern" in FAR Part 19: "Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States, etc..." The fact it mentions business entity organized for profit makes me think most of these would not qualify as small business concerns, i.e. I can't see a neighborhood association meeting that definition. On the other hand, I could potentially see a Community College qualifying and I'm altogether unsure about a nonprofit given the parenthetical caveat. Any guidance from the Wifcon community on this would be much appreciated. ReplyForward