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  • Question

    Do I need to modify the existing Cost Plus Fixed Fee contract to include 252.228-7001 or is 252.228-7002 "grandfathered" into the existing contract?


    Answer

    The contract in question should have been written in accordance with the FAR and DFARS at the time the solicitation for the contract was issued.  Per FAR 10.108 (d) (1), unless otherwise specified, “FAR changes apply to solicitations issued on or after the effective date of the change.”  Furthermore, FAR 1.108 (d) (3) states “Contracting officers may, at their discretion, include the changes in any existing contract with appropriate consideration.”  Therefore, if there is no guidance mandating inclusion of the new clause in the contract, it is up to the contracting officer to decide whether or not to include it.  If the contracting officer decides to modify the contract to include the new clause, then there would need to be appropriate consideration to the contractor.

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