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  • Question

    The contractor has submitted the required reports to the Gov't. since Oct 2006. However, the Government seemed to have misplaced some of the reports and is now asking for copies of the reports. The contractor has had abrupt personnel changes in the past and has insisted they have already complied with the contract's report submission requirement. Contractor also added retrieving old copies of reports will be very difficult and time-consuming due to the not-so-friendly software used in the past. (Paraphrasing a bit here) Can the Gov't enforce terms stated in the contractor's proposal (i.e. records maintance and availability of records in the interactive website)?


    Answer

    It depends on the terms of the contract (vice proposal).  If the requirement was to provide a single copy, it appears the contractor has already complied with the terms and there would be an additional cost to get another copy. On the other hand, if the terms of the contract are for the contractor to set up an interactive website where the government can "indefinately" or throughtout the life of the contract or some specified duration have access to the reports, then the contractor could be required to set up the website.  It's important to note that the Government cannot "enforce terms stated in the contractor's proposal" but only the terms of the contract.  Please consult with the Contracting Officer and/or legal counsel for further discussion and recommendations.

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