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  • Question

    Would you still be able to exercise the option prior to the expiration of the current performance period? If so, what type of modification would you issue, and would the contractor be obligated to agree to the modification?


    Answer

    Once the time by which the contracting officer must notify the contractor of the intent to exercise an option has passed, the Government loses its right to unilaterally exercise the option. At that point, a bilateral modification (supplemental agreement) would be required.

     

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