Instead of starting a new discussion thread, I feel my question is a good follow on to this discussion. What restrictions/limitations, if any, does a CO have on exercising an option on a "dead" contract? Let's say the Government does not exercise OY II on a contract, but wants to exercise OY III. A letter of intent was not issued IAW FAR clause 52.217-9, because the Government did not anticipate exercising any future option periods after OY I.
I was reading up on contract closeouts and one of the requirements for a physically complete contract is, all option provisions have expired.
4.804-4 Physically completed contracts.
(a) Except as provided in paragraph ( of this section, a contract is considered to be physically completed when—
(1)(i) The contractor has completed the required deliveries and the Government has inspected and accepted the supplies;
(ii) The contractor has performed all services and the Government has accepted these services; and
(iii) All option provisions, if any, have expired;
A CO can begin processing closeouts once they receive evidence that a contract is physically complete. In FAR subpart 4.804-4, they use the language, "All option provisions...have expired." Since a CO cannot closeout a contract until all option provisions have expired, could one make the argument that an option on a "dead" contract can still be exercised (bilateral basis), since the contract cannot be closed until the last option provision has expired, otherwise what's the point of leaving the contract open?