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    Would this action be required to be supported by cost or pricing data that is current, accurate, and complete as of the date of agreement on price, which, for this proposed modification? Would it matter if the contractor agreed?


    Answer

    There are a couple of questions wrapped up into this scenario so I will do my best to address each of them. First of all, your primary question about whether or not this action would need to be supported by cost or pricing data –You have to think back to how this IDIQ was initially placed. Was it done on a competitive basis? Are you buying commercial products and/or services? Or did none of the TINA exceptions apply, but with a dollar value over the $2M threshold, was cost and pricing data required and evaluated when the IDIQ was put in place? If any of the answers to those questions are “Yes,” then this action would likely not need to be supported by additionally certified cost and pricing data. In regard to your second question, “would it matter if the contractor agreed,” – from many years of personal experience, I would advise that if you ever have the chance to discuss something with the contractor prior to it becoming an issue, than take it! With everything you have going on in this scenario, I’d be sure to open up the lines of communication with the contractor about the upcoming and desired changes sooner rather than later.

    Your scenario also lays out a couple additional questions or issues that I’d also like to mention and for you to consider as you proceed:

    1. Does the original acquisition planning and related documentation specifically EXCLUDE the Navy or was it simply written for/by the AF and Army and silent on any other party involvement? If there was a reason that the Navy was specifically excluded, it might not be so easy to simply add/allow them to order now.
    2. At the beginning of you second paragraph, you mention allowing the Navy to order and an increase in scope. If these actions you are contemplating will be the cause of an increase in scope, the contractor would absolutely be entitled to re-open price negotiations, but you need to ensure you even have the authority to proceed. If adding the Navy as an ordering activity would be the cause for additional products or services to need to be delivered beyond what was originally contemplated, you are essentially looking at an entire new contract action.

    Please note that all advice presented is simply advisory in nature based on the circumstances that have been provided. Any and all decisions should be coordinated with the cognizant Contracting Officer(s), Program Attorney, and Program/Project Manager before proceeding. Finally, as I’m sure you are aware, be sure to consult the relevant sections of the regulations including FAR subpart 16.5, DFARS subpart 216.5 and any service or local policy directives.

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