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hereiskim

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  1. I came across this old thread on the site which is in opposition to this string... I have to admit I am confused. Thoughts?
  2. The concern relayed is that the solution leaves out the part that a "supplemental agreement would be a noncompetitive creation of a new contractual relationship. All of the case law that I have found says this is a cardinal change and an improper de facto sole source award. If the option performance term has expired the agency no longer has an option to exercise, regardless of whether the contractor is willing to accept the late exercise. In my opinion, in this situation the option exercise would be a sole source procurement and would need to be justified under an exception to the requirement for full and open competition."
  3. We have a similar situation where one of the three AE IDIQ options was inadvertently not exercised and a delivery order was issued. Would you mind citing the authority or your rationale for issuing a supplemental agreement in this instance? We have dissenting opinions in the office and although I shared this post, Legal questions the action because there is no authority cited. Thank you.
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