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    My question is would it be appropriate to use 52.217-8 for the three months at the same prices instead of exercising 52.217-9 and reducing the PoP hours under the pre priced option?


    Answer

    The following response is based solely on the question and background information provided. First, related to "at the same price", when using an extension under FAR 52.217-8 Option to Extend Services the rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor (FAR 37.111). FAR 37.111 also states that the purpose of the clause is to “order to avoid negotiation of short extensions to existing contracts” as in your case. The specific at the site refers to situations when “award of contracts for recurring and continuing service requirements are often delayed” although does not specifically require that as a condition for use.

    The requirements for exercising options are enumerated at FAR 17.207. References to previous discussion of the use of FAR 52.217-8 are provided below to aid in the decision-making process:

     

    https://www.dau.edu/aap/pages/home.aspx#!details|19612

    https://www.dau.edu/aap/pages/home.aspx#!details|19663

    https://www.dau.edu/aap/pages/home.aspx#!details|18557    

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