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  • Question

    Is there a time limitation once a project is put on hold to continue with the same awardees? GC, CM and AE in this situation. See background above.


    Answer

    There is no provision within federal contracting that allows the government to hold a contractor's proposal for an infinite period of time.  Even using Government Susension of Work this process allows only for a "reasonable period of time." 5 years is a lifetime to a contract firm and statistically only 1 in 7 firms remains viable over the long term.

    The Architect Engineer field is unique but has no special provision that allows an indefinate hold on a proposal. Further,  one of the requirements under the Brooks Act is for the contracting office to assess the A-E capacity. 

    In the 5 years since the original project,  the principle firms would most certainly have been awarded other jobs (or they would no longer be in business), had new principle members added or older ones retired  and they may or may not be the "best qualified" based on their current status.  This fluxuation must be monitored by the contracting office :  36.603 -- Collecting Data on and Appraising Firms Qualifications d) Currency of files. Any office or board maintaining qualifications data files shall review and update each file at least once a year.

    Your best solution is to re-package and re-solicit the requirement.  If you have not closed out the old contract, then any funding you had on it is closed and you will need current appropriation to pay a final release.  Check with counsel to see if you have the intellectual property rights to the design concepts.  If the goevernment does "own" the design,  you could conceivably use that as the concept.  But even there, much of this is essentially "lost design"

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