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  • Question

    Does the modification to extend services for an additional 6 months have to be done bilaterally? Does the contractor have the option to decline the extension of services?


    Answer

    The FAR Clause 52.217.8, if included in a contract is meant to give the authority of the government to extend the period of performance unilaterally.  The contractor does not have the option to decline the services if the government has given them the proper notification in accordance with what is stated in the clause:  "The Contracting Officer may exercise the option by written notice to the Contractor within ______ [insert the period of time within which the Contracting Officer may exercise the option]." If the government failed to provide notice within the number of days inserted in the clause, the option may still be exercised, however, the government at this point would have to do it bilaterally (upon agreement with the contractor).   

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