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  • Question

    the task order for IGE for the repairs will make go over the capacity left in the option year. Can we take capacity from a year not optioned? Increase the current option and decrease the non exercised optioned year. this would keep the overall contract capacity the same. Thank you.


    Answer

    Unfortunately to answer this question a thorough review of the contract terms and conditions must be made.  Never the less the following is provided.  You have several options to proceed.  You may modify the contract to increase the minumium and maximum on the contract and options.  That would require you to write, gain approval of a J&A and advertise it, gain agreement of the contractor, modify the existing contract, prior to writing the delivery order for the work.  That would hopefully solve the issue into the future. You could also go out with a new requirement and compete it.  Depending on the size of the effort you have several options, credit card, SAP or a contract under the appropriate FAR part. You could also issue a delivery order with a not to exceed the maximum in the current year and then execute the follow-on option early to continue the work. I believe any of these could be used.  That said, it is important you bring in your legal staff and supervisor to review your options and gain their concurance on the way forward. They will want to review the contract in detail, consider the options and will advise you.

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