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  • Question

    Can the contract be modified to included the additional area (within scope) since the contract has not be fulfilled even though the last delivery date on the contract was 20 May? Would a modification to extend the contract be needed?


    Answer

    A modification is needed to update the new delivery dates. Since the delays were not the fault of the contractor and assuming clause 52.212-4 was incorporated into the original contract, it is recommended to use clause 52.212-4(f) as the authority for the bilateral modification. Modifications to change the scope of a contract must take into account if there is a material change and the Competition in Contracting Act (CICA) if the requirement was originally competed. In GAO protest B-414260 regarding a scope change, GAO made its ruling by assessing if the scope of the original contract was not substantially changed by the modification, the changes to the contract could reasonably have been anticipated by competitors for the initial solicitation, and the changes to the contract would not have had a substantial impact on the field of competition for the original contract award. Ultimately, the contracting officer will have to make a determination of scope for the additional furniture to be added to the contract. 

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