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  • Question

    After award and performance has started (a little over two and a half months) there is a need to terminate for convenience or cause, at that point can you make an award to the next low offeror (upon verification that pricing is still valid) as opposed to going out to readvertise?


    Answer

    There is no restriction in the FAR or DFAR on how long the list of unsuccessful offerors can be utilized in this manner for the re-acquisition of a terminated contract. In the details you have provided however, I would caution you in utilizing your original unsuccessful offerors for two critical reasons: 1) This far after award I would doubt that any of the offerors quotes are still valid and 2) There may have been conditions that have occurred that either one of these offerors can no longer perform or someone who did not originally propose may be able to propose at this point. Either of these conditions would make your acquisition ripe for a potential protest.

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