Discovery of mistakes
If a contractor discovers a mistake in their proposal after award, the contracting officer must follow the established procedures for post-award mistakes in bids under FAR 14.407-4.
Overview
FAR 15.508 addresses the procedures to follow when a mistake in a contractor’s proposal is discovered after contract award. The regulation directs contracting officers to process such mistakes using the same procedures outlined for mistakes in bids under FAR 14.407-4. This ensures consistency and fairness in handling post-award mistakes, whether the contract was awarded through sealed bidding or negotiation. The section is particularly relevant when a contractor identifies an error in their proposal after the contract has already been awarded, and it provides a clear reference to established procedures for resolution.
Key Rules
- Post-Award Mistake Discovery
- If a contractor discovers a mistake in their proposal after award, the issue must be handled according to FAR 14.407-4 procedures for mistakes in bids.
- Reference to Sealed Bidding Procedures
- The regulation ensures that negotiated procurement mistakes are treated similarly to those in sealed bidding, promoting procedural consistency.
Responsibilities
- Contracting Officers: Must follow FAR 14.407-4 procedures when a post-award mistake is reported, including investigation, documentation, and potential contract modification or rescission.
- Contractors: Should promptly notify the contracting officer upon discovering a mistake in their proposal after award and provide supporting evidence.
- Agencies: Ensure oversight and compliance with established mistake-handling procedures.
Practical Implications
- This section exists to provide a fair and standardized process for addressing mistakes discovered after contract award, reducing disputes and ensuring equitable treatment.
- It impacts daily contracting by requiring prompt action and thorough documentation when mistakes are found.
- Common pitfalls include failing to notify the contracting officer in a timely manner or not providing sufficient evidence to support the claim of a mistake.