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  • Question

    I am working with a $4.9M Base Life Support contract that is Sole Source, FFP. The contract calls for meals and lodging. The requiring activity needs to add more personnel to be covered by the life support contract. If the price of a meal and the price of a room are already determined would I be required to do a POM and PNM for a modification.


    Answer

    When negotiating in a sole source environment the government must establish their pre-negotiation objectives, see Federal Acquisition Regulation (FAR) 15.406-1.  The contracting officer shall also document in the contract  file the principal elements of the negotiated agreement, see FAR 15.406-3. In the Department of Defense (DoD) the contracting officer should also consider  the guidance in Department of Defense FAR Supplement (DFARS) 215.406-1 and 215.406-3
     
    In the situation you describe here it sounds like you are adding new work to an existing FFP contract for services.  This is outside the scope of the changes clause (FAR 52.243-1, Alt. I) and would likely require a justification and approval document in accordance with FAR Subpart 6.3.  You should have your legal office review this requirement. 

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