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  • Question

    Is is prohibited for 52.216-21 to be added in the last period of performance to a requirements type contract via a (supplemental) modification? Apparently it was inadvertently left out of the original contract.


    Answer

    Many clauses can be added via supplemental (bilateral) modification. It's when the contractor does not agree and a unilateral modification is being contemplated that the contracting officer must give thoughtful consideration to the effect of a unilateral modification (invoking the Christian Doctrine) on the contracting relationship. If the Government and contractor have been proceeding all along as if FAR 52.216-21 (Requirements) has been included, there should be little consequence of adding it at this stage. However, you should consult with your organization's legal counsel for a definitive opinion.

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