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    I am drafting a solicitation for a variety of laptop computer packages. We anticipate ordering up to 190 total packages over the course of 1 year, but want to place initial award for only 50 of them. At this point unsure whether to incorporate 52.217-6 or 52.217-7 and whether additional CLINS beyond the Five CLINS which will represent 5 different laptop packages is required. The goal is to be able to issue a mod to order increased quantity of laptops from any or all of the 5 CLINS. As the additional quantities to be ordered with a mod would be of the same price as when awarded, I would think 52.217-6 would be the correct clause, but our office is debating and seek clarity. Thank you.


    Answer

    The prescription for FAR clause 52.217-6 at FAR 17.208(d) states this clause is used when "the option quantity is expressed as a percentage of the basic contract quantity or as an additional quantity of a specific line item." FAR Clause 52.217-7 can be used to buy optional quantities, but the nomenclature of that option CLIN must be the same as another line item that is not an option. Since there will be five CLINs, each for the different laptop package configurations, and assuming each CLIN will have a different nomenclature, the use of FAR clause 52.217-7 would require corresponding option CLINs to the base five CLINs that have matching nomenclatures. 

    FAR 17.204(f) is helpful as it states how contracts may express options for increased quantities. What makes the most sense in terms of contract administration, to include contractor billing and payment? If 52.217-6 is chosen, then that would mean increasing the quantities for specfic CLINs. If 52.216-7 is chosen, then separate CLINs would have to be created that share the same nomenclature as the base CLINs. 

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