Sign In
  • Question

    Vendor could not complete award requirements because Contract POP had expired while they were awaiting another government agency approval. Does this requirement need to be fully competed again as the current contract is dead, or does the FAR and DFAR allow the contracting shop to write another contract to this vendor? If the vendor doesnt win the next competition can they protest, as they were not the cause of the delay? Please provide the sources, if any, thanks so much


    Answer

    It's not clear if this is a contract for services (indicated in your question background) or for a "product"/supply (also indicated in the background). If for services and the clause at FAR 52.217-8 was included, then the period of performance could be extended an additional six months. Since you don't reference this in your question, I assume that clause is not relevant. As for the need to compete the requirement now that the contract has expired, I would say you need to compete the requirement anew UNLESS one of the exceptions at FAR 6.302 applies. Pay particular attention to the exception at FAR 6.302-2 (Unusual and Compelling Urgency) because of the unusual delay associated with obtaining agency approval for the original supplier. If a long delay could be expected if a different supplier wins a new contract award, then that fact could be used as further justification for your FAR 6.302-2 J&A.

    Open full Question Details