Alternatives to extending a contract
Started by WC79 · Mar 14, 2023 · 4 replies
- WOriginal post
WC79
Mar 14, 2023 · 3y ago
Please provide your thoughts on the following example. There's an IT requirement that's approaching its expiration date. The requirement is severable in nature. Its a 3 year base plus options contract. We are a few months away from the expiration date (end of second option) of the contract and would like to extend the contract by 3 months due to unforeseeable delays in the acquisition renewal process. FAR 52.217-8 is in the contract but the options were not priced or evaluated prior to award. I would like to get some thoughts on different potential paths to extending this contract, if there are any.
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Voyager
Mar 14, 2023 · 3y ago
Are they working under an IDIQ or not? If IDIQ, single-award or MAC?
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Vern Edwards
Mar 14, 2023 · 3y ago
WC79 said:
I would like to get some thoughts on different potential paths to extending this contract, if there are any.
Please be specific! What do you want to know?
Asking for "thoughts" about "different potential paths" is nonsense.
Do you want to know if its okay to exercise the option even though the option wasn't priced and evaluated?
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WC79
Mar 14, 2023 · 3y ago
Vern Edwards said:
Please be specific! What do you want to know?
Asking for "thoughts" about "different potential paths" is nonsense.
Do you want to know if its okay to exercise the option even though the option wasn't priced and evaluated?
And correction, this example is a task order off of a multiple award IDIQ.
If I were to add 3 months on to the task order using FAR 52.217-8 would this require a J&A since it was not initially priced and evaluated at award? Are there any alternative methods to extending thats available?
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Vern Edwards
Mar 15, 2023 · 3y ago
WC79 said:
If I were to add 3 months on to the task order using FAR 52.217-8 would this require a J&A since it was not initially priced and evaluated at award? Are there any alternative methods to extending thats available?
There has been at least one GAO decision finding that exercise of the -8 option𑁋when the option was not priced and evaluated as part of the contract award process𑁋would amount to a sole source procurement. But that's just a GAO opinion and is not binding on the executive branch.
Since the contract is a multiple-award IDIQ, the extension would be subject to FAR Subpart 16.505(b). I suggest you read that rule in order to determine what options you might have. See 16.505(b)(2). I don't think you would need a J&A (as described in FAR Part 6).