Adding Option Years After Award

Started by Jenkins83 · Apr 13, 2016 · 7 replies

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    Jenkins83

    Apr 13, 2016 · 10y ago

    Original post

    Your thoughts...

    Negotiated sustainment task order. Awarded with a base and 1 twelve month option. The PMO wants to align their sustainment contract with development so that it can eventually be under one contract/task order. In order to accomplish this, they would need more time on the contract, The extension of services clause would only give them up to 6 months. Question: Can you add an option year to the contract without doing an FOE?

  2. G

    Gordon Shumway

    Apr 13, 2016 · 10y ago

    nope

  3. J

    Jenkins83

    Apr 13, 2016 · 10y ago

    What would your exception be?

  4. J

    Jamaal Valentine

    Apr 13, 2016 · 10y ago

    Jenkins83 said:

    Your thoughts...

    Negotiated sustainment task order. Awarded with a base and 1 twelve month option. The PMO wants to align their sustainment contract with development so that it can eventually be under one contract/task order. In order to accomplish this, they would need more time on the contract, The extension of services clause would only give them up to 6 months. Question: Can you add an option year to the contract without doing an FOE?

    See FAR Subpart 6.3, and 16.5; Subsections 13.106-1, and 8.404. If this doesn't help you, I recommend providing more information.

     What is FOE?

    What type of contract (requirements contract, multiple or single award task order contract)?

    What does the contract(s) say about exceptions to fair opportunity if multiple award?

    I'm sure the answer is yes, regardless if doing so is proper or not.

    Generally, unless an exception is applicable, the additive change would have to comply with CICA requirements.  Different rules apply depending on contract value and FAR Part used.

  5. j

    ji20874

    Apr 13, 2016 · 10y ago

    Jenkins,

    What is your rationale for supposing you can add an additional year of out-of-scope services (increase the existing scope by one-half) by a sole-source modification without complying with FAR 16.505(b)(2)(i)?

    If your existing order was issued on a sole-source basis (under FAR 16.505(b)(2)(i)(A) through (E)), at the very least won't you have to update the Justification for an Exception to Fair Opportunity to reflect the increased scope and higher dollar value?

  6. J

    Jenkins83

    Apr 13, 2016 · 10y ago

    It was a question being tossed around the office. One CO said do a Fair Opportunity Exception document (FOE) but I don't see what the exception would be for this. They suggested logical follow on but I don't interpret logical follow in to mean what most people utilize it for...so I'm curious what other exception fits??

  7. J

    Jamaal Valentine

    Apr 13, 2016 · 10y ago

    What fair opportunity exceptions are listed in the contract?

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    joel hoffman

    Apr 13, 2016 · 10y ago

    How could we know? Not enough info.

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