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    1. Should I go ahead and proceed with this requirement as a new one? And if so can I do a logical follow-on? does this even apply? 2. I am also considering the option of a Modification to the present contract adding these parts. Is that possible? and where in the FAR would I find that if it is, or is not possible? (Amt of below $14,000)


    Answer

    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.

    At question is whether the new requirement can be considered within the scope of the original requirement and if not, can the new requirements be obtained through other than full and open competition. 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. There are many factors that must be considered when determining scope. Among those factors are changes in cost, changes in quantity, and whether or not the added items/parts are covered by the original requirement.

     
    Based on the information provided, the additional items/parts would appear to constitute a new requirement requiring competition. Because these parts were not considered during the original competition a modification to the contract would be an out of scope change. The background information provided also implies the contractor, not the Government, determined the Government's requirement which might call into question the validity of the original competition as it relates to an award made at the lowest quote. Had the original requirement included these additional parts (at an additional $14K), would the successful offeror still have the lowest quote? The additional parts, as a new requirement, should be procured using full and open competition. If the contracting officer is considering exceptions to full and open competition, FAR Part 6 provides instructions. Those instructions may be further supplemented by the individual branch of service. The Army has published specific instructions with regard to out of scope modifications in a publication entitled, " ARMY CONTRACTING AGENCY Operations & Policy Directorate JUSTIFICATION AND APPPROVAL (J&A)FOR OTHER THAN FULL AND OPEN COMPETITION GUIDE dated 18 SEPTEMBER 2007."

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