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  • Question

    Do I have to do a J&A to add the clause since the current contract is a sole source contract.


    Answer

    I cannot give you the "firm, correct answer".  How you proceed is a judgment call.  My recommendation:  I would not unilaterally add 52.217-8 to the current contract.  The price of the extra 6 months was not evaluated when you awarded the contract.  The authority to extend the current 8(a) contract, using 52.217-8, does not exist. Normally I would recommend that you  do a "bridge contract" -  something that bridges the work effort from the original contract to the one you are currently negotiating.  Sometimes you can do a bridge contract  with a short term/low dollar contract, using a Gov't credit card. 

    Another way would be to do a J&A and negotiate a short term contract with the 8(a) company. According to your scenario, you have already modified your current contract to extend the period of performance -  without any authority to do so because you did not have 52.217-8 on your contract.   I would recommend that you do a J&A and document the reasons why you extended the period of performance on the sole source contract and your plans to award a new sole source contract to the same 8(a) in the near future.  Make sure you have documented how you determined that the Gov't is paying a fair and reasonable price for the additional work, especially if you increased the price of the work effort as part of the extension.

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