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  • Question

    1) Can FAR clauses be tailored (amended) to fit specific circumstances? 2) If yes, How would one title a tailored (amended) clause in an RFP? Is the below acceptable: 52.211-10 -- Commencement, Prosecution, and Completion of Work as AMENDED Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) commence Phase I of the work, as set forth in the schedule, not later than August 4, 2020 and complete Phase I of the work, in its entirety, ready for full intended use, not later than November 6, 2020; commence Phase II of the work, as set forth in the schedule, not later than August 31, 2021 and complete Phase II, in its entirety, ready for full intended use, not later than November 21, 2021. The time stated for each completion Phase shall include cleanup and any required restoration of the premises. (End of Clause as Amended) (This amendment is needed in order to protect the Government’s interest under this two-phase work scheme. No published FAR clause adequately addresses a two-phase work scheme. However, as shown below, tailoring the extant clause, 52.211-10 is permitted in IDIQ situations and not prohibited in the present circumstance).


    Answer

    No, we are not authorized to tailor or amend FAR clauses. In your case it is more appropriate to state the requirements (phases, dates, and cleanup) for Phase 1 & 2 in your statement of work (SOW) or performance work statement (PWS) (whichever you're using) and make each phase a sub-CLIN with the appropriate periods of performance for each one.

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