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  • Question

    I would like to issue a bilateral modification to clarify that five one-year ordering periods are in place and remove the references to the option periods. I will also provide the annual review while confirming that while the review was not timely no RFQs were issued beyond the first 12 months. Is this approach appropriate by the FAR if conducted bilaterally?


    Answer

    Based solely on the information provided it would seem a bilateral modification to clarify the intent of the agreement would be appropriate under Federal Acquisition Regulation (FAR) 16.702.  Removing clauses that do not apply to the agreement prior to signing  or renewal would have been preferable but in any case a basic agreement can only be changed by modification of the agreement itself (see 16.702(b).  This action should be reviewed by your policy and legal offices.  Thanks.

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