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  • Question

    Can the contractor withdraw the proposal and the government move to the next best value offer or is this now handled in accordance with FAR 14.407 Mistakes in Bids?


    Answer

    A notice of award is not a contractual instrument.  Generally, its use is optional, as determined by the contracting officer; however, it could be a mandatory use when the notice is requiring the contractor to provide or satisfy pre-performance conditions.  While it may be used to inform contractors of the Government’s intention to award a contractual document, it does not obligate either party and must be followed by issuance of an official contractual instrument.  If the actual award has not yet been made, in accordance with FAR 15.208(e) proposals may be withdrawn in writing, at any time before award.  If an official award document has been issued, FAR 15.508 states that mistakes in contractor’s proposal that are disclosed after award shall be processed in accordance with the procedures at FAR 14.407-4.

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