Did the use of the Changes clause negate any time being left on the -8 clause or is an extension of 2 months still permitted using the -8 clause?
Interesting question. First off, please understand that the information below is provided based upon the material you provided us and that action should only be taken after consulting with your contracting officer and legal counsel as appropriate.
Open full Question Details
You question is basically, can you extend the contract another two months using FAR 52.217-8, Option to Extend Services clause, given that the contract was also given new delivery dates based upon a change order issued under FAR 52.243-1.
I made a point of stating that you established new delivery dates under the changes clause because, technically, that is what you did...you didn't extend the contract as you would under the extension of services clause or an option exercise since your within scope change actually required additional effort by the contractor and it was necessary for you to give them due consideration for the impact of the change order.
So...given you have so far extended the contract 4 months under 52.217-8, and it as well as FAR 37.111 allow UP TO a 6 month extension, it appears you are able to add your additional two months.
IF, the funds you have allow that. My concern at this point would be that you still have sufficient and the properly appropriated funds to cover this additional extension. I would consult with my comptroller in this case to be sure - again, given the limited information we have here.
Finally, I would hope that either these services will no longer be required after these two additional months or that you have a new requirement in the works to give you and new contract to support any follow-on need. Our experience has been that even a good contract, if modified and extended often enough is bound to get ugly, eventually. Yours has likely reached that point.
Thanks for your interest in government contracting.