Being a contracting officers technical representative COTR specificall working

Being a contracting officers technical representative

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it. Being a contracting officer’s technical representative (COTR) specifically working on the program that NAA was proposing, he should have known the conflict of interest, either through his contracting officer’s guidance or experience in the federal government. Boeing is right to protest the award because Gerry could have effected the evaluation or effected how NAA proposed ultimately giving them an unfair advantage. Gerry’s intent throughout the selection of NAA with have to be questioned and depending on what level of his involvement in their selection the contract will have to be suspended, reconciled, or even cancelled. This personal conflict of interest clearly stated in the FAR validates Boeing’s protest and this will undoubtedly be looked at under a microscope. 3. Unfortunately the contracting officer negligence is not an excuse to exclude the Terminate for Convenience clause. As stated in the FAR if the termination clause is not inserted in the contract, the right to terminate for convenience may be exercised by the Government by operation of law. Ultimately the Government has the power to use this clause regardless of it being included or not included. The contractor relying on wartime to expand his business is not an excuse to keep a contract active, and with the war ending so quickly that establishes a sufficient enough basis for the Government to terminate since that the services will no longer be needed.
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  • Fall '19
  • Conflict, Federal government of the United States, Organizational conflict

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