Overview
This section prescribes the procedures for addressing errors identified in a contractor's proposal after a contract award has been made. It mandates that these mistakes be handled using the established framework for sealed bidding found in FAR 14.407-4.
Key Rules
- Applicability: Applies specifically to mistakes disclosed after the contract award has occurred.
- Procedural Reference: Directs Contracting Officers to follow the procedures outlined in FAR 14.407-4 ("Mistakes after award").
- Standard of Processing: Requires that mistakes be processed "substantially in accordance" with the referenced Part 14 procedures, ensuring consistency across different procurement methods (negotiated vs. sealed bidding).
Practical Implications
- Contracting Officers must look to Subpart 14.4 to determine if a contract should be rescinded, reformed, or if the price should be adjusted based on the nature of the mistake.
- Contractors seeking relief after award face a high burden of proof and must typically demonstrate that the mistake was mutual or that the government had notice of a unilateral mistake.