In case of emergency

Are both parties willing to add the clause based on an exchange of consideration?

select one:     YES      NO

Not sure. Seems like this should have been something that the Government included however didn't have the foresight to think of emergencies.

I don’t think you have a Christian Doctrine situation, so I would point you back to my earlier question.  That answer will inform the answer to your original question.

Ok...what if there is an unforeseen emergency? Let's say both parties come to a solution..Now what?

FARout, can you provide a little more detail?  I don't understand your situation.  You say "they still want services performed."  What does this mean?  Has the performance period of the TO ended?  Are there options to be exercised?  Is the contractor still performing?  Your situation is not clear.

On 3/5/2020 at 3:14 PM, faroutgeek said:

Ok...what if there is an unforeseen emergency? Let's say both parties come to a solution..Now what?

You really need to answer the question -- it's a simple question:  Are both parties willing to add the clause based on an exchange of consideration?
select one:     YES      NO

If YES, you may add the clause to the contract by bilateral modification.

If NO, you may not add the clause to the contract.

On 3/5/2020 at 8:21 AM, faroutgeek said:

If I have a task order against GWAC and there is an emergency declared by the government and they still want services performed, would I incorporate 252.237-7023?

If this is an extraordinary emergency per FAR 18.127 and a mission essential function, my view is that you may incorporate 252.237-7023 unilaterally subject to an equitable adjustment per the changes clause procedure.

Neil,

FAR 18.127 points to FAR 50.1 for Pub.L. 85-804.  50.102-3(c) seems to require a contractor request to start the 85-804 process.

I see that Ji. I prefer not to get into the interpretation unless @faroutgeek acknowledges that an extraordinary emergency has been declared and the contract work is mission essential.

I prefer for him or her to answer the question:  Are both parties willing to add the clause to the contract with an exchange of consideration?