Need help with an issue, two years ago our Contracting Outfit awarded an IDIQ for programming of software and updating the current software and adding a mobile application so that the sever can be accessed via mobile phone. So the value of the contract $5,000,000 was awarded for the entire term in the assumption that the value balances will remain for the entire 5 years or if exhausted.
In addition the contract contains option years for the sole purpose that if exercised at the anniversary that allows the awardee to increase his hourly rates.
The contract specialist that prepared the contract package is retired and a new specialist has determined that this was not the correct way to award this contract and therefore declared the contract as being invalid and will not let the originator use the contract anymore.
My question: Is the new contract specialist correct that this is an invalid contract, and if yes can it be remedied with a bilateral modification that removes the option years and in lieu auto increases the labor rates at the annual anniversary?