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    We are beyond T4C or T4D and think this can be resolved by de-scoping the effort and de-obligating any remianing funds. Is this possible and under what authority? Thank you, MIchael Rivera


    Answer

    You state you are beyond terminating the contract, but if the contractor is in default then the Government's rights are best protected by following termination procedures. That said, if you plan instead to modify the purchase order and continue with the same company, you should complete a J&A in accordance with FAR Subpart 6.3. I'm assuming unbolt that the de-scoping will constitute a cardinal change to the original requirement. Continuing with the same contractor to the exclusion of re-soliciting could subject the action to a protest, depending on the value of the effort. Please consult with your organization's legal counsel for more information, being that a default issue forms the basis of your situation.

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