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Subs and Primes: Answers to Your Pre-Award and Post-Award Questions

Q: In the RFP, it says that a company without past performance will be given a “neutral rating”. How does this translate into the evaluation score?
A: If a company is given a neutral rating for a technical factor, the company’s score is based on fewer factors (e.g. 4 factors instead of 5). The reason being is that if a company is given an average score, it could be detrimental to their rating, and hence, not “neutral”.


Q: On the initial contract my company was the prime contractor. Because the re-compete required that the contract be a small business set-aside, we are the subcontractor. Can we attend the Government Post Award Meeting with the prime?
A: If the prime contractor does not object to your company attending the Post-Award Meeting (a.k.a. Kick-Off), they may ask the Government. Ultimately, it’s the Government’s decision since they have privity of contract with the prime contractor.


Q. We received some clarifications and some changes to the Statement of Work during the Post-Award Meeting with the Government? Is there anything we need to do?
A. First, although you did not ask, the Government should have recorded minutes to include:
* Date
* People who attended
* What has been agreed to
* Outstanding Issues
* If there are outstanding issues, when is the follow-up meeting scheduled?

The minutes are notes to the contract file and are sufficient for clarifications. However, if there are any changes, it is imperative to have the Contracting Officer (CO) issue a modification. One, the company is legally bound to fulfill the terms of the contract. Two, the Contracting Officer’s Representative (COR), CO, and any other stakeholders may change throughout the life of the contract. See point number one.

If you have any contractual questions, contact Streamline.

This blog is for informational purposes only. None of the content is, or will be deemed to constitute legal opinions or legal advice.

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