Can a contract be extended to include option periods in the extension? 6months extension under FAR 52.217-8

Started by Ama · Jul 31, 2023 · 4 replies

  1. A

    Ama

    Jul 31, 2023 · 2y ago

    Original post

    I intend to extend a contract however, the follow-on may be awarded before the extension. Can I add option period within the extension, so when the follow-on is award we can chose not to exercise the those periods?  To give you a visual: Contract POP Oct 1, 2022-Sept 30, 2023. Extension through March 31, 2024. Can extension include 3 option periods Oct 1-Dec 31, 2023 and Jan 1-Mar 31? If we award follow-on by Dec 31, 2023. the second option will not be issued.

  2. j

    joel hoffman

    Aug 1, 2023 · 2y ago

    Assuming that you have evaluated the pricing of the -8 option during the initial contract competition and you give required notice, you can exercise the option extension separately by two months each time if necessary per the terms of the -8 clause*.

    Suggest only exercising the first two months then see if the second extension will be necessary., etc. I think that you could put Notice wording in the first exercise mod that the government may issue multiple extensions not to exceed six months, if necessary. We don’t know what notice length is in your -8 clause.

    Of course- you should keep the contractor informed to the extent possible of the intent and heads up on follow-on actions. “Communicate”! 

    Also consider that the follow-on award could be protested… 

    *https://www.acquisition.gov/far/52.217-8

    i

  3. C

    C Culham

    Aug 1, 2023 · 2y ago

    Ama said:

    Can I add option period within the extension,

    Please note Joel's post and his recommendation.   Noting your question remember "option period" and "option to extend" are essentially different by the very clauses that allow each - 52.217-9 and 52.217-8.  Managing your extensions as Joel suggests is the way to go, with a strong suggestion to not call them "option periods".

  4. R

    Retreadfed

    Aug 1, 2023 · 2y ago

    On 7/31/2023 at 11:44 AM, Ama said:

    I intend to extend a contract

    What authority will you use to extend the contract?

  5. j

    joel hoffman

    Aug 1, 2023 · 2y ago

    Retreadfed said:

    What authority will you use to extend the contract?

    Retreadfed, please check the title of this thread. It wasn’t mentioned in the initial post.

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