Removing CLINS

PATRICK3 said:

On a FFP contract, if the government wants to remove a CLIN that was added in the contract, can they do that? Also, if the government wanted to remove a task associated with a specific CLIN, can the government just remove that task from the CLIN? I'm thinking it wouldn't be fair to the other vendors during the solicitation phase, as maybe a vendor would've submitted had that specific task not been in there. Any thoughts?

Depends upon the nature of the proposed “removals” and their context to the other work. Your questions are very general. 

How would you “remove” the CLIN and the specific task within a CLIN?  Partial “Termination for the Convenience of the Government” ?  Or by a changes under the Changes Clause?

Just now, PATRICK3 said:

can they do that?

(Amended response due to another post)

Generally yes but details matter.   Commercial item contract, non-commercial item contract (see changes clauses for each), partial T4C.  Many considerations but it can be done.

C Culham said:

(Amended response due to another post)

Generally yes but details matter.   Commercial item contract, non-commercial item contract (see changes clauses for each), partial T4C.  Many considerations but it can be done.

Agree.

C Culham said:

(Amended response due to another post)

Generally yes but details matter.   Commercial item contract, non-commercial item contract (see changes clauses for each), partial T4C.  Many considerations but it can be done.

And pricing the deleted work or an entire CLIN can can be complicated too. Many considerations.

It's a commercial type contract @C Culham.

I agree @joel hoffman. The government is thinking about doing a Cure Notice and then terminating the contract for cause, but I was just wondering if the government truly decided to remove that CLIN, could they do that. Thanks

PATRICK3 said:

I was just wondering if the government truly decided to remove that CLIN, could they do that.

Read this briefing paper by Vern Edwards, especially the part about severability.

/legacy/a/b547a8d171a60671.pdf

PATRICK3 said:

It's a commercial type contract @C Culham.

PATRICK3 said:

I agree @joel hoffman. The government is thinking about doing a Cure Notice and then terminating the contract for cause, but I was just wondering if the government truly decided to remove that CLIN, could they do that. Thanks

Sounds like lots of complications but generally....

Commercial item contract with 52.212-4 in it then you could remove a CLIN with agreement of both parties (52.212-4(c).  The Government could take the route of a unilateral action to T4C the CLIN (partial termination 52.212-4(l)).  Also the Government could to unilaterally T4D the CLIN as well.  Mutual agreement, T4C, or T4D all provide for different rights for the contractor.

The best route to remove the CLIN?   It all depends on the facts as to why the Government wants to remove the CLIN.

PATRICK3 said:

On a FFP contract, if the government wants to remove a CLIN that was added in the contract, can they do that?

Sure. Partial termination for convenience. Piece of cake.

If the contract had a changes clause they might be able to do it by deductive change order, but that can be dicey.

PATRICK3 said:

Also, if the government wanted to remove a task associated with a specific CLIN, can the government just remove that task from the CLIN?

Sure. Partial termination for convenience. Or deductive change. Contracting 101.

Thanks @Voyager @Vern Edwards and @C Culham!

On 3/1/2023 at 8:01 AM, PATRICK3 said:

I'm thinking it wouldn't be fair to the other vendors during the solicitation phase, as maybe a vendor would've submitted had that specific task not been in there. Any thoughts?

The solicitation contained a Termination for Convenience clause, correct? Other competitors knew the Government would have this right after the award.

The optional CLINs were posted with the RFP, KTRs were asked to propose on those CLINs, those CLINs were evaluated for award, this could have possibly changed the competition? So can we just remove them?

Sil said:

The optional CLINs were posted with the RFP, KTRs were asked to propose on those CLINs, those CLINs were evaluated for award, this could have possibly changed the competition? So can we just remove them?

No comprendo. Why would you remove an optional line item (instead of just not exercising the option)?

Sil said:

The optional CLINs were posted with the RFP, KTRs were asked to propose on those CLINs, those CLINs were evaluated for award, this could have possibly changed the competition? So can we just remove them?

Is this the scenario of the original post or is it another situation?

Sil said:

The optional CLINs were posted with the RFP, KTRs were asked to propose on those CLINs, those CLINs were evaluated for award, this could have possibly changed the competition? So can we just remove them?

See Poly-Pacific Technologies, Inc., Comp. Gen. Dec. B-296029, 2005 CPD ¶ 105.