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  • Question

    Can the Government award the contract to the lowest bidder even if it exceeds the construction cost amount in paragraph (c) of the clause?


    Answer

    Yes, the Government can award the contract even if the low responsive, responsible bid is greater than the dollar value included in FAR 52.236-22(c). The authority for the action is included in FAR 36.609-1(a) below. The direction indicates that the Government "may" require the A&E firm to redesign the project unless the cost of the construction is affected by events beyond the firms reasonable control.  The acquisition team and contracting officer must determine if events were "reasonably" beyond the A&E contractor's control. Each acquisition determination is dependent on the situations and one rule does not fit all projects.

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