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  • Question

    If I have a contract that is for 3 years with no options (52.217-9) do I need to add clause 52.217-8 (6 month extension)


    Answer

    Since this is a 3 year contract that is due to expire soon without any option clause or other mechanism to extend the period of performance (POP) one must at least consider the aspects of scope and competition.
     
    In order to extend this contract, one has to address the fact that increasing the POP goes beyond the original intent or scope of the requirement.  Therefore, in order to change the scope one must modify the contract to add FAR 52.217-8.  In this case, if it can be properly justified, the modification must be bilateral and offer consideration (FAR 43.103(a)).  Both parties must agree to this action.
     
    Secondly, in conjunction with the modification, a Justification and Approval (J&A) is required in order to waive competition and issue the modification in a sole source condition (FAR 6.302 and 6.303). The circumstances permitting other than full and open competition for the J&A must be carefully validated.
     
    In lieu of all this effort, in most cases it is probably best, time permitting, to simply compete the follow-on requirement to obtain best value.  Poor time management is not a good excuse for rushing into a haphazard solution.  As always, check with your local agency’s policy, legal and contracting offices, as appropriate.



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