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    Ultimately, I would like to know whether a bilateral contract modification should be pursued to update FAR 52.204-25 to the newest AUG 2020 version. The clause is currently included in my IDIQ commercial services contract. The contract base and all options is anticipated to be 60 months in length, estimated total $12M. The contractor completed their representations in SAM for provisions 52.212-3(v)(2) and 52.204-26(c) and stated "does not" provide covered telecommunications equipment or services for both provisions. Provision FAR 52.204-24 is also being updated AUG 2020. Do I need the contractor’s representations for FAR 52.204-24(d)(2)? Potentially prior to exercising an option??? The Interim Rule states contracting officers shall modify existing contracts prior to placing future orders. On page 11 of the Federal Register publication it states, "the objective of the rule is to provide an information collection mechanism that relies on an offer-by-offer representation that is required to enable agencies to determine and ensure that they are complying with section 889(a)(1)(B)." FAR 52.204-25 AUG 2019 does not address section 889(a)(1)(B). FAR 52.204-25 AUG 2020 added a second paragraph under (b), the second paragraph pertains to section 889(a)(1)(B). If I do not modify my contract to update FAR 52.204-25, will I potentially be in violation of section 889(a)(1)(B)? I can't recall ever modifying a contract just to include the most current version of a clause. Do you think a modification to update FAR 52.204-25 to AUG 2020 is appropriate? If so, would you expect this to be a no-cost mod?


    Modifying existing contracts to incorporate an updated clause is not common but it certainlay does happen from time-to-time.  While FAR 1.108(d) says "at the contracting officer's discretion; the language in the interim FAR 2019-009 takes that discretion away from the contracting officer and directs the change be made based on the conditions and dates identified.  Your scenario certainly sounds like it meets the criteria.

    An Acting Principal Director, Defense Pricing and Contracting memorandum was issued 23 July 2020 and it's purpose was to facilitate implementation of the interim rule.  I am forwarding that to your e-mail address as I could not find a link to it at the DPC Policy Page.  It will be able to answer the other questions you asked above.  But leadership in your organization should also have recieved a copy.


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