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    What are some course of actions in the event of a protest on new award and it is not resolved before before the Period of Performance expires on the current contract?


    Answer

    Due to this being about a possible protest, for the sake of this question, we will answer this from the point of view of the contractor who would submit the protest in time for a stay of performance IAW FAR 33.104(c)(1)

    (c) Protests after award. 

    (1) When the agency receives notice of a protest from the GAO within 10 days after contract award or within 5 days after a debriefing date offered to the protester for any debriefing that is required by 15.505 or 15.506, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract, except as provided in paragraphs (c)(2) and (3) of this section.

    To continue performance there are a few options. 

    1. Continue performance under current contract or 2. Award a non-competitive contract 

    The two above would require a justification, depending on what type of contract you used or planned to award. Of course there could be other options depending on the circumstances, which are not stated in the questions.  For example, not require the performance, award a much shorter competitive purchase order, or have government employees perform the service.

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