What are your thoughts of adding a CLIN to the contract after it has been awarded? Can this be looked at as the task actually being out of scope?
The following response is based solely on the question and background information provided. As we do not have all of the facts particular to your contract, program, and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.
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Establishing a separate CLIN should not create any issues as long as it's established properly (DFARS 204.71) and within scope. Scope Determination is the major issue and should always be addressed with your legal advisor. The contracting officer must consider whether or not the change is within the general scope of the contract. The definition of “general scope” can be an issue of much debate. The FAR does not clearly define scope which leaves the interpretation up to the contracting officer. Courts generally consider whether the change is one that would have been anticipated by the contracting parties and the field of competition at contract award. There are many factors that affect this determination. Among those factors are changes in cost, changes in quantity, and whether or not the added services are covered by the original requirement. Scope determination is complicated and should be made by the contracting officer with advise of counsel.