LindaF

Hello - cant seem to find a definitive answer on whether a contractor can recover profits when the government terminates for convenience under Part 12. I know the thinking that profit has already been built into the percentage of the contract (fixed) price recovered. And I know settlement costs are also recoverable. Can anyone point me to case law that can help clarify this? Thanks

hello - I haven’t found anything on point so I am hoping someone might have some thoughts. An agency established a competitive range in a FAR Part 15, eliminated a number of offerors, sent them exclusion letters. A new CO comes on board and decides to admit to the competitive range the excluded ones in a later round of discussions. Question: those offerors that have always been in the competitive range got a number of opportunities for revision during the successive rounds. Those that were just just admitted in the later round got one chance. I know under GAO opinions if a CO revises the competitive range, offerors that had been excluded can be admitted. BUT if they still don’t get award can they claim an unfair competitive advantage based on the fact they only got one chance for revision. Intuitively I don’t think so as long as they were told of their deficiencies and significant weaknesses ( which is what the FAR requires). I don’t think there is any requirement for the agency to level the playing field anymore. Any thoughts?

Thank you - much appreciated!

Hello - does anyone know of any cases on this?? I have only been able to find a 1970s GAO case. Thanks

Does anyone know of a GAO or COFC case where an agency’s cancellation of sole source procurement was protested? I have only be able to find a 1970s GAO case. I assume that the protestor would have to show that the cancellation was not reasonable…. Thanks,