Can you change the requirements on an exercised Option
Started by Elaine · Apr 13, 2018 · 4 replies
- EOriginal post
Elaine
Apr 13, 2018 · 8y ago
Hello, I am new to contracting ( 1.5 years as an 1102), and I have a question regarding changing the terms/requirements of an exercised option.
Scenerio:
A Delivery Order against a single source IDIQ contract was executed in FY 17. The Delivery Order included a base effort and Options 1-3.
Option 2 was awarded last month. And this week, we received a SOW revision from the requiring office and they want to change the requirements of the exercised Option 2 and previously negotiated Options 1 and 3.
In a sole source environment, are we able to issue a bilateral change order modification to change the requirents of the exercised Option and Unexercised Options 1 and 3?
- G
Guest Vern Edwards
Apr 13, 2018 · 8y ago
Elaine said:
In a sole source environment, are we able to issue a bilateral change order modification to change the requirents of the exercised Option and Unexercised Options 1 and 3?
Are the changes within the scope of the contract? If so, then you can modify the contract option by supplemental agreement if you wish. if not, then you can modify the option only if you get approval to do so without competition in accordance with FAR Part 6.
- E
Elaine
Apr 13, 2018 · 8y ago
The changes are out of scope of the existing Delivery Order and all Orders placed against the basic IDIQ contract are exempt from FAR Part 6.
Would you proceed with a new Order since the work is out of scope?
- G
Guest Vern Edwards
Apr 13, 2018 · 8y ago
As long as the change to the order option is within the scope of the contract, you can change the order option any way you like. It might be "cleaner" to issue a new order than to modify the current order, but that's your call. Either way will work.
(It's interesting that under a single-award IDIQ your office included options in the order. The usual reason for options is to secure prices and avoid having to conduct a new competition. But those are generally not matters of concern under a single-award IDIQ contract.)
- E
Elaine
Apr 14, 2018 · 8y ago
Thank you!