Can I sole source an A/E design contract for a construction project to the same A/E firm that originally had a contract but it was prematurely terminated?
The original firm was designated as 8(a) but was bought out by a large firm or big business halfway through the project. We would like to have the A/E finish the project because a new A/E would likely start from scratch, increasing time and costs. The contract has been terminated and incidentally, the contractor failed to report the firm’s intentions until after it was bought out. A. We would think that your agency has the authority to make determinations leading to non-competitive contract awards. It would seem clear, as you say, that another contractor might well cost more to pick up a project that is already 50% complete, not to mention the professional liability problem (errors and omissions, etc.) of using another A&E contractor’s unfinished engineering and design work. You will need to consult with your counsel to be sure of this contracting authority, and if you do have it, then the facts would be determinative for the official making the determination. (Reviewed: May 2010) Q. I
