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Question
We are civil works funded, so I do not necessarily see an issue there. We are in the process of exercising OY 2, but the COR wants to use their funding and exercise both OY 2 & OY 3 at the same time. Could you assist if there are any issues with this and where I may locate issues with early exercise? I don't see anything about being early, just ones that are late. Thank you.
Answer
If funds are available and there is no violation of the bona fide need rule (i.e., you can justify that the items are truly needed for the time period originally designated for OY2), I don't know of anything that would prohibit exercising OY3 early. However, if the contract doesn’t mention that the Government can unilaterally exercise an option early, the contractor would have to agree to a bilateral modification.

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