Reasonable time between federal contract award and actual notice to proceed (NTP)

Started by Tommyg · May 3, 2022 · 0 replies

  1. T

    Tommyg

    May 3, 2022 · 4y ago

    Original post

    Given that a proper RFP was originated during a MATOC 5-year master contract condition, submitted and eventually awarded by a federal agency to the lowest bidding General Contractor, how long can the federal agency stall and not issue the required notice to proceed, before the "Contract Award" is no longer valid.  For clarification summary; The Federal Government issued the  Contract Award on 21 September, 2020 in the amount of $7,460,000 and a 730 day POP from date of NTP.  This was backed up by the combination of 4 specialty subcontractor's quotes, plus the GC's self performance portion.   The Agency said the NTP was forthcoming, however, had a few issues to correct in-house before the NTP could be issued.  When pressed for a timeframe, we were told 30-60 days.  After being stonewalled by the PMO team of the agency, we researched and discovered that they could not issue the NTP due to permitting and easement issues with the encumbering local government and that the government "Land Management" Division would have to get involved and resolve the issues before any NTP and construction activities could be initiated. All of the required document trail of correspondence, delays and contractual data has been properly documented with serial letters and requests. Fast forward to today's date of 3 May 2022, it has now been 589 days of delay and costs incurred. We've requested a T of C several times, since the Gov't can't perform as per contract, however in typical Gov't fashion, no response.   Now the Gov't says it is ready to issue the NTP at the original awarded price.    Due to the current conditions, which I would think I don't have to go into, the current cost to perform this work is now estimated at $25,463,000 and materials availability and delays make the POP at 912 days..  Also, the MATOC 5 year contract is in 4th option year with 9 months remaining, which the POP (912 days) would infringe. I believe that since the government did not exercise the NTP in a timely fashion, from contract award, the award is null and void (589 days)  Original questions is: What is a reasonable time to expect between an award and notice to proceed?

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