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    Can this be done as a modification to the existing contract - or, does this need to be a new contract? Policy/regulations references???


    Answer

    Since we do not have all of the facts pertaining to your requirement, solicitation/contract or contractor(s), the following answer is based solelyon the background and question provided.  As we do not have access to the contract folder or particulars that apply to this situation, we highlyrecommend you consult the Contracting Officer and possibly the Legal Office.
     
    ANSWER:  Ordinarily we acquire new requirements by way of new contracts - not simply adding work by modification to existing contracts.  This ensures that we follow competitive intent and the legal requirements for competition of our
    contract actions.  However,  since 10 U.S.C. 2304(c)(5) allows sole source awards under the 8(a) Program (15 U.S.C. 637) for contracts less than $20 million, we believe that either writing a new contract or modifying the
    existing contract to add the work will have essentially the same effect. There may be compelling reasons within your organization to keep the new work separate from the existing contract.  Awarding a new action might allow more straightforward cost analysis, may be easier to negotiate/award as a separate action and ultimately provide greater clarity in administration both from a contracting and technical oversight perspective. 

    We advise that
    you validate the benefits of both of these courses of action with all stakeholder of you acquisition to avoid unknown or unintended consequences.
     

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