Prime Contractor execution of incorrect award
Started by jeff4757 · Jul 13, 2015 · 3 replies
- jOriginal post
jeff4757
Jul 13, 2015 · 10y ago
Folks-
Our firm submitted a proposal on a FP basis which was later determined not to be able to meet schedule.
When the scope and deliverables changed, it was then in fact doable.
However, the Government contracts shop issued a contract for the initial scope-not the revised scope.
The COR told our PM to "just sign the contract and we will push the mod thru. We cannot wait forever for contracts to issue the mod."
Is there a FAR clause the can defend our firm from not signing this agreement?
Any feedback appreciated.
thank you!
- j
joel hoffman
Jul 14, 2015 · 10y ago
A FAR clause? Do you realize what the PM is asking you to sign? A written contract - that is for something other than what you have apparently agreed to perform in some type of discussion. I don't understand how they could accept your proposal without changing the government's solicitation if your proposal doesn't comply with the written requirements.
Are you sure that the PM didn't say something to the effect that an amendment would be required if they were to modify the terms of the solicitation? Then they would have to allow all of the firm's they are negotiating with an opportunity to submit revised proposals?
- G
Guest Vern Edwards
Jul 14, 2015 · 10y ago
There is a very simple rule: Do not sign a contract that does not stipulate the terms to which you want to agree. If you do sign, then do so with the intention of doing what it says. Oral promises to mod a contract later to bring it into line with your real expectations are not worth the paper that they're not written on.
- j
jeff4757
Jul 14, 2015 · 10y ago
Thank you folks!
As always good advice and direction from WIFCON!