Operating Status
FULLY OPERATIONAL
OPERATING STATUS
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
We believe you are correct to document the actions you are taking. If the contracting officer was incrementally funding a firmed fixed-price contract, that was likely incorrect and, without knowing if there are other circumstances, potentially anti-deficient.
Your legal advice was also correct. We use a J&A to support doing other than full and open competition. But you need to have a determination and findings in the record, particularly given the circumstance you are amending.
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Please note that you should expect to receive a response from our team, regarding your inquiry, within 2 business days.