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  • Question

    Is there anyting that precludes issuing a modification to the IDIQ in order to add the non priced in scope work?


    Answer

    If you're correcting an administrative error, there is no problem doing this by mutual agreement of both parties.  If you're adding scope,  in accordance with FAR subpart 6.3, a justification and approval must be approved. However, it sounds like there may be a question of scope since the work was not priced.  The question that needs to be discussed with your program attorney is whether the changes pass the "scope of the competition" test and the "scope of the parties" test - in both cases one asks whether the changes would have been reasonable contemplated by, first, the competing offerors pursuing the contract; and then the parties signing the contract. Further dialogue with your legal council appears to be warranted.


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