Can the Government modify the contract to extend the POP?
Can the government modify the contract to extend the period of performance?
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Perhaps the better question is not CAN you but SHOULD you modify any of the terms and conditions of a contract? For what purpose and under what authority?
IDIQ contracts are useful tools which are often misused. They are put in place because as the requiring activity we know that we will need some <fill in the blank> we are just not sure how much or when. Historically we have needed <X quantity> amount of <fill in the blank> so let’s put a guaranteed minimum in there, “just to make sure it’s fair”.
Typically these contract vehicles are set up with a based year plus 5 option years. This means, as a practical matter, that the awardee(s) are guaranteed a base year plus 1 option. (Unless the contracting shop commences with the replacement contract immediately after award of the base year on the original, there will not be enough time to get a new one in place before the option needs to be exercised.)
A second typical situation occurs round about 4/1/2 years after initial award when the 4th option is about to run out and someone trips over the fact that there will be a lapse of coverage before they can get a new IDIQ in place.
Never be surprised by predictable events.
Requirements and funding will come in at the end of the FY, the contract will have expired, and a new one will not be in place before then.
Here are your potential paths:
1) If you have option periods remaining, recommend validating the conditions identified at FAR 17.207 and if all remains in the best interest of the government, exercising unilateral right to award the option period.
2) If you are out of option periods, but have FAR 52.217-9 as one of the clauses in the base contract it would be possible to exercise a bridge contract for 6 months to carry you over while you get a new IDIQ vehicle in place.
3) If neither of 1 or 2 apply and you feel that this IDIQ is the ONLY possible method to accomplish this work, have a look at FAR 6.302, choose one the seven potential conditions where you can exclude this contract from full and open competition and start your J&A creative writing assignment. Be sure and get legal review.
4) Alternatively, write up the requirements as stand-alone contracts and award through normal means.