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    Can I add an H clause to the contract and negotiate the labor rates/fee and the number of hours per contract year? THe contract type for the work is the same contract type that we have for the basic labor work done day in and day out. This would accommodate for work that is in scope work needed from time to time. There would be pre-negotiated labor rates with a cap of hours able for award each contract year. There will be some years that all labor hours are used and some years where some of the labor hours are used. In talking to the Program Office the value increase would be around high end of $1M per contract year, and the total of the contract is $193 M. Roughly 3 % increase so that is not an increase that would warrant a J&A. I don’t think a D&F is needed either because we would be negotiating added labor trades and associated rates for the same contract type that we have on contract now for the day to day sustainment work on the basic contract. What do you think?


    This answer is based on the information provided in the question and the question background. From the information provided it sounds like you have an Indefinite-quantity contract and you negotiated labor rates for all types of labor you thought would be needed for this requirement, but now realize other labor categories need to be added. You also stated you would negotiate the number of hours per contract year, but later said a cap would be placed on the number of hours per year.  Could it be the contract has a maximum number of hours per year per labor group? You stated the work is in scope so why don’t you just negotiate the individual task order if or when you need this labor group.


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