Yes, the contractor submitted a proposal and the proposal was for the same price specified in the contract. All the labor was fully burdened.
I determined (and legal agreed) that the exception applied but my flight-chief vetoed my decision in his review. While there is not competition with a modification, I see the prices being based on adequate price competition since we are using the same prices established by the competed contract. I see the prohibition of 15.403-1(b)(1) applying since it specified "when the contracting officer determines that prices agreed upon are based on adequate price competition." I am not the only CO in my office to see it this way so I was curious about others' opinions and if anyone had guidance or case law supporting either side. Thanks for the input.