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  • Question

    Currently, can we modify the existing Task Orders TO INCLUDED Option periods that were left off of the original task order. The base contract does have option periods, but all the orders that were awarded did not. What authority can we use (if any) to justify addings these options periods that were left off the original orders.


    Answer

    The way to add option periods is by using one of the justification and approval authorities at FAR Subpart 6.3; notably FAR 6.302-1 (Only One Responsible Source) or 6.302-2 (Unusual and Compelling Urgency). You would be expanding the scope of the contract beyond that originally contemplated when the solicitation was issued and offerors responded. The non-winning offerors (and even potential offerors that did not submit offers) could rightfully claim there was not full disclosure of the Government's total requirement at the time of solicitation. If the contracting officer and officials in the approving chain can in good faith use one of the FAR 6.3 authorities, then the option periods can be added. If not, then you will need to issue a new solicitation for the additional work.

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