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  • Question

    It is better to modify the contract to add the equipment. Or would the contractor need to hold onto the equipment until a new contract can be awarded to repair the equipment sent in error?


    Answer

    You have two possible options since you said this is sole source and out of scope.  You could use FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency needs and get a Justification and Approval (J&A) approved and use a bilateral modification to add the repair to the contract. The second option is a second contract for the repair work, but if it is sole source it will still be awarded to the same contractor. I think the quickest route would be a modification.

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