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    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.

    You can ask this question and others about Contracting in DAU's weekly virtual series called CONnect Live held each Thursday at 11:30 a.m. Eastern Time. More information is at https://www.dau.edu/events. Note though that this event is scheduled in DAU Teams and the different Teams licenses in DoD are not interoperable so you can't join in your Teams account. Simply copy and paste the meeting invite in an internet browser not used for your Office 365 account, cancel out of any Teams pop-ups, and click on continue on this browser. 

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