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  • Question

    Can we modify the contract to increase the quantity of CLIN 0101 to 250 units, since it is still below the originally awarded maximum quantity of 300 units for that CLIN?


    Answer

    Being that the increased quantity is within the scope of the original contract, you don't have any FAR Part 6 competition issues to deal with. However, the clauses at FAR 52.217-6 (Option for Increased Quantity) and FAR 52.217-9 (Option to Extend the Term of the Contract) have time periods by which the contracting officer must exercise the option. If the option can be modified within those time frames to reflect the increased quantity, then I don't see a problem. However, if those times have elapsed, the contractor will need to agree to the increased quantity via bilateral modification of the option.

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