Mod Awarded in Error

Did you think about issuing another modification to change the amount of time extension allowed in the first modification.

In other words I do not get why you have reached the conclusion that canceling the mod is the final option to solve the issue of granting the time extension in the first place?

Are you saying issue a mod that just changes the period of performance of the previous mod?

powerbab:

The answer to your question depends on the reason for the first mod and the reason for wanted to reverse course. You have provided no facts. If the mod extended the period of performance, it matters whether the government had the authority to do it unilaterally or required the contractor's agreement. If the contractor's agreement was needed for the first mod, then it probably will be needed again. We can't answer questions like yours in an information vacuum. Surely you have a lawyer. Ask him or her.

What happened was the CO said that at the time of award the maintenance option was exercised and funded so there was no need to exercise an option for maintenance just extend the time of the contract. However, upon further investigation, it was discovered that they did not exercise the maintenance option at the time of award and that we now need to do so. However, we now have a mod that extends the contract POP instead of a maintenance option.

Was the mod unilateral or bilateral?

bilateral

Write a bilateral mod explaining what you explained to us and state that the prior bilateral mod is withdrawn at no cost to the government. Get the contractor to sign it. Exercise the option if you haven't already done so. Done.

Powerbab, is the contractor in the extended period now or is it still performing within the original contract POP?

Its in the extended period.

Which probably means that it has incurred costs in performing the extended contract that it will want to recover.

Correct. We have the funds but want to get it into legal standing.

Thank you all for the good advice!