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  • Question

    Can we extend PoP of exsiting TO using Option to Extend Svc 52.217-8. TO #1 is about to expire & need one month extension off 5 year IDIQ. SCAR is for $188K, IGCE is $124K, TO was for $181K and extenstion is for $7K. Do I need to prepare Fair Opportunity Exception that is best interest to the govt, economy and efficiency? If the extension was for over the SCAR & IGCE figures than what would be requried to do?


    Answer

    Yes the clause that you cite, FAR 52.217-8 may be used to extend a contract that is expiring.  However, using this clause to issue a modification to extend is subject to the following language found in FAR Part 6, Competition Requirements (specifically at FAR 6.001, Applicability) states the following.
    “This part (
    FAR Part 6) applies to all acquisitions except…
    (c) Contract Modification that are within the scope of the contract, including the exercise of priced option that were evaluated as part of the original competition.”

    So you may use this clause so long as the contract contained priced options that were evaluated at award.

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