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    Can a contract be modified if contract clauses are not incorporated either by full text or reference at the time of award? Would a seperate modification incorporating those clauses like FAR 52.243-1 be the course of action to take or does the mere reference of the clause in SF30 box 13C accomplish this? Can a contract be extended for up to year without the option clauses in the base? Can FAR 52.243-1, Changes extend the POP past the six month period as required in FAR 52.217-8?


    Answer

    I want to start off by directing you to your policy department and counsel to discsuss your contract issues. 

    Having said that, FAR 52.243-1 and 52.212-4(c) are not option clauses and have no authority in them to change the 6 month time period in clause 52.217-8 or to exercise options. 

    FAR 52.243-1 states, "make changes within the general scope of this contract in any one or more of the following:  (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.  (2) Method of shipment or packing.  3) Place of delivery.

    FAR 52.2217-6 is not appropriate for your services contract.  See FAR 17.208(d). 

    Since your contract POP was only one year, you would need to execute a Justification and Approval prior to extending the contract.  What should have been done is to solicit and award a new contract with appropriate base and option periods as well as appropriate option clauses.

    You should not have FAR 52.243-1 and 52.212-4 in the same contract.  52.212-4 is for commercial items and you would use that clause in commercial item type contracts and it is unclear why both would be in the contract.

    In general to answer your questions. 
    1.  Yes, you can modify in the option clauses in a contract if they were erroneously left out of the original award.  Of course, you would have to have option periods already solicited, evaluated, and awarded in Section B to do that.

    2.  Reference 52.243-1 in box 13c of the SF 30 is not the appropriate reference to do #1 above.  You can state "mutual agreement of the parties" in block 13d of SF 30 and state in block 14 the option clauses you wish to incorporate, which would be 52.217-9.

    3.  If you do not have the option clauses in the contract, you can extend it up to a year, provided an appropriate justification and approval is executed prior to  your bilaterl modification.  It is more appropriate to re-solicit your requirement and award a new contract though.

    4.  FAR 52.243-1 can not extend the POP past the 6-month period contained in FAR 52.217-8.

    Again, check with you policy department and counsel to see the correct course of action to take on this contract.

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