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    Contract has been awarded, can a "C" contract be converted to a "D" contract without competing the requirement?


    Answer

    Given the limited information provided, the answer to this question is one that will be more of an outline that can help you determine how to proceed.  In the end, it will depend on the facts.  While it is acceptable to change contract types under certain circumstances, there are limits and possible approvals that may be required, depending on the circumstance.
    If, in this case, all of the pricing in section B supports an IDIQ contract type and minimum and maximum order quantities were established in the C-type contract, to include the appropriate IDIQ T&Cs, then the modification would be fairly simple.  If this is not the case, then the first question is whether the contemplated contract type change is in-scope of the original RFP and resulting contract or if it is out of scope?  An in-scope change is one that is within the general scope of the original contract in terms of type and amount of work, period of performance and manner of performance.  In general, a modification is considered to be outside the scope of an existing contract when there is a "material difference" between the contract as modified and the contract as it existed before the modification. GAO noted that: "Evidence of a material difference between the modification and the original contract is found by examining any changes in the type of work, performance period and costs between the contract as awarded and as modified. We also consider whether the solicitation for the original contract adequately advised offerors of the potential for the type of change found in the modification, or whether the modification is of a nature which potential offerors would reasonably have anticipated at the time of the original award."  This is an important determination to be made by the PCO, in conjunction with inputs from legal.
      If the contemplated change is found to be in-scope, then you also need to look at the dollar amount involved and if it triggers any other levels of approvals, such as FAR 16.504(1)(ii)(D).
     

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