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  • Question

    Are you allowed to have optional CLINS in a letter contract.


    Answer

     
    I recommend you read these two earlier Ask a Prof Questions on the same topic.
    https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=107801
    https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=110253
    This is a quote from 107801:
    Letter contracts are meant to rapidly fill urgent needs. With this in mind, I don’t see any circumstance in which they would be used to acquire an "additional quantity" beyond the immediate need.
     
    This is a quote from 110253:

    Per FAR 16.603-2(c), definitization must occur within 180 days of the letter contract, so any intent to exercise an option that is made part of a letter contract could be subject to scrutiny if the option period were to begin AFTER the 180 day period.

    That being said, check with your legal dept.

     

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