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  • Question

    This situation would apply to a SAP contract that includes options... Does a contract modification that includes in-scope growth and the exercising of an option need to be synopsized, or does an exception apply? I was under the impression that FAR 5.202(a)(11) applies, but now am unsure. The SAP award itself would have been synopsized. Thanks!


    Answer

    Good question. The fact that this is a SAP contract has no bearing on the answer. It all depends on the dollar amount of your modification. Here's why:

    Because your modification includes what you refered to as "in-scope growth" along with the option exercise, then it might (again, depending on dollar amount) because you are adding either "addtional supplies or services". see FAR 5.201(b)(1)(ii). If your dollar amount for the "in-scope growth" meets the threshold at FAR 5.101(a)(1) you must transmit the notice to the GPE.

    If you were only just exercising the option, you would not have to publicize. That's because of the definition of contract action found at FAR 5.001 and the exception at FAR 5.202(a)(11), provided you included the description of the options in the original synopsis, which is almost always the case. I will assume your original solicitation released on the GPE did include Option CLINs.

    In the highly unlikely event that your original synopsis did (in the description), see FAR 5.207(a)(16)) state that there was a chance of a modification for "in-scope growth", then you could rely on the exception at FAR 5.202(a)(11). But again, we find that unlikely.

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