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  • Question

    Does FAR 16.504(c)(1)(ii)(D) apply since the total task order may be over $103M with the extension?


    Answer

    FAR 16.504(c)(1)(ii)(D) which you reference is the regulatory implementation of the National Defense Authorization Act for Fiscal Year 2008 Sec, 843 intended to enhance competition in situations in which the Government might otherwise use a task ordering process that de-leverages the benefit of open markets.  If the contracting officer determines that this provision of the FAR applies to this situation, the CO will have to obtain the appropriate level of approval prior to proceeding with the increase in your task order. This change to your task order will not be unilateral and you should have the opportunity to negotiate the terms of the extension.  If the CO obtains approval to  increase your order, part of the written determination will be the definitive plan to insure that this requirement does not indefinitely remain something that only your firm can perform.
     

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