Sign In
  • Question

    I understand that per the deviation, we cannot enter into a contract with any corporation once all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner (of course the Government is now aware). Do we, at this point, terminate the contract or just not issue any further Task Orders (this is the final option year)? Should we include 252.209-7993 in each TO and have the contractor respond "yes" or "no"? Rob


    Answer

    I suggest that you send the contractor a letter detailing what you've discovered in regards to their debt. Determine if and when they will fix the problem.  I assume that you still require rental and servicing of portable toilets. Do you have another vehicle for this service? If not, and depending upon the contractor's response in the affirmative that they will pay the debt in short order, i would commence issuing task orders under this alternate contract, if available. Let the contractor know of your required action if this debt isn't paid and that you cannot commence issuing task orders.

    Don't hesitate contacting Ms Amy Williams, the focal point listed in Mr Ginman's Class Deviation Memorandum.  She can be consulted via email at amy.g.williams.civ@mail.mil or via telephone at 571-372-6106. The question that should be posed is whether there is any waiver to the prohibition against issuing contracts (each order in your case) to a contractor that has an unpaid Federal tax liability. Let her know that you found the debt information in SAM?

    Again, I'm not going to tell you that your services should be interrupted as this impacts the welfare of your customers. I'm hopeful that the contractor will pay the debt and all would be well. If not, do you have another source on another contract or task order vehicle? Otherwise, i see new procurements in your future for the completion of option year 4 and a follow-on buy.

    Please ask the contractor whether this debt has been paid and to provide to you a written response.
     
    Lastly, contact your organization's legal representative for assistance after you've gotten all the facts.



    Open full Question Details