Is FAR 15.503(b) Postaward Notice of Award still required after Corrective Action?

Started by govt2310 · Aug 11, 2015 · 3 replies

  1. g

    govt2310

    Aug 11, 2015 · 10y ago

    Original post

    Say an agency sent out FAR 15.503(B ) Postaward Notice of Award letters to unsuccessful offerors. Written debriefings were provided to all of them. After a protest was filed, the agency decided to take Corrective Action. The Corrective Action involved reevaluating the proposals. While it was reevaluating the proposals, the agency did not "terminate" the original contract award to the original awardee, but rather, "suspended" their contract and did not allow them to work.

    Now the agency has completed its new reevaluation. The same awardee from the initial evaluation is also the awardee after Corrective Action. Must the agency send "new" FAR 15.503(B ) Postaward Notice of Award letters to ALL the unsuccesful offerors? Can the agency send the Notice of Award letters to ONLY the unsuccessful offeror that protested last time? Technically, this is not a "new" award in the sense that, there is no new contract being awarded, but rather, the contract with the original awardee, which was "suspended," will now be "unsuspended" so the contractor can start performing the work.

  2. G

    Guest Vern Edwards

    Aug 11, 2015 · 10y ago

    You're not making a new award, are you? You've simply taken corrective action. Was the protest filed with the agency or the GAO?

  3. g

    govt2310

    Aug 11, 2015 · 10y ago

    Vern wrote:

    You're not making a new award, are you? You've simply taken corrective action. Was the protest filed with the agency or the GAO?

    Technically, this is not a "new" award. Yes, we have simply take corrective action, which involved reevaluation and a new source selection decision/memo. It happens to be that the "new" awardee is the original awardee. Note, the original protest involved allegations that the agency did not take certain information into account when evaluating past performance. So in the corrective action, that "new" PP info was taken into account. The original protest was filed at GAO only, and the agency took corrective action.

  4. j

    ji20874

    Aug 11, 2015 · 10y ago

    I think the post-award notice should be sent to all offerors who were included in the re-evaluation.

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