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  • Question

    Do I need a JEFO to exercise 52.217-8 this Clause is in the contract? and lastly can a "call or DO for IT Licenses be issued for a POP of 5 years in order be issued during this extension, to maximize the discount?


    Answer

    Yes, you will need to complete a justification for an exception to fair opportunity (JEFO) prior to issuing the contract modification.  As when exercising any option, before doing so the contracting officer shall make a written determination for the contract file that extending the POP is necessary and is in accordance FAR Part 6 (see FAR 17.207(f)).

     

    IAW FAR 52.217-8, the total extension of performance shall not exceed 6 months.  Additionally, be sure to look at the date within this contract's clause as to when you must notify the contractor of your intention to extend the period of performance (POP).  You will need to re-negotiate the rates for the 6 months POP extension, then issue a bi-lateral modification to the contract. 

     

    Therefore, in regards to whether you may issue "call or DO for IT Licenses" task orders during this extension in order to receive the maximum discount possible, you will need to negotiate this with the contractor directly.  The contractor will have to agree to uphold the same rates/discounts as exercised during the previous option years.  Because this change is outside the bounds of the original scope (base + 4 opt yrs), the task order prices/discounts will need to be confirmed.  What FAR clause 52.217-8 allows for, more or less, is a 6 month one time extension to the contract as a means to ensure continuity of services while the requirement is being re-competed IAW FAR part 6 and placed on award. 

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