Can an IDIQ Task Order by Re-awarded or Re-evaluated if Below the Protest Threshold

Started by Salus · Oct 8, 2021 · 5 replies

  1. S

    Salus

    Oct 8, 2021 · 4y ago

    Original post

    Good Day,

    Can a task order (under an IDIQ and under the protestable threshold) that was recently awarded be re-evaluated and/or re-awarded by the Contracting Officer if there were significant errors found in a vendor's evaluation during the debriefing process?

    Thanks!

  2. j

    ji20874

    Oct 8, 2021 · 4y ago

    A contracting officer may terminate a task order for the Government's convenience any day of the week, including for reasons such as you described.

    Or, are you asking about a recession, withdrawal, cancellation, revocation, or similar action (however it is styled) without invoking the T4C process?

  3. S

    Salus

    Oct 8, 2021 · 4y ago

    Can the CO cancel (or pause) the TO to reevaluate proposals after erroneous material is removed from the evaluation and then re-award from the same solicitation, or would they have to terminate for convenience and resolicit? 

    Being aware that all of this is at the CO's discretion, I would like to know what options they have to remedy a task order award if it was made in error.

    Thanks!

  4. V

    Vern Edwards

    Oct 8, 2021 · 4y ago

    If, after providing a fair opportunity and issuing a task order, a CO decides on his own initiative that the agency erred in its evaluation and award, the CO can take corrective action.

    The CO could direct the contractor to stop work on the task order. The agency could then perform a new evaluation, and the CO could either confirm the agency's original decision or make a new one. The CO could then either either cancel the stop work order and compensate the contractor for the delay or terminate the task order for the convenience of the government and issue a new order, as appropriate.

    The FAR does not describe that process in so many words, but it is clearly within a CO's discretion in order to maintain the integrity of the contracting process. See FAR 1.602-1 and 1.602-2(b).

  5. C

    C Culham

    Oct 8, 2021 · 4y ago

    Vern Edwards said:

    If, after providing a fair opportunity and issuing a task order, a CO decides on his own initiative that the agency erred in its evaluation and award, the CO can take corrective action.

    Should FAR 52.216-32 be in the multiple award IDIQ it as well supports the CO resolving the matter especially if the errors were called to the attention of the CO by another party to the contract.  See paragraph (c).

  6. S

    Salus

    Oct 8, 2021 · 4y ago

    Great, thank you for the answers everyone!

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