Report Option not Exercised on Time - Now What? Does BAA change the response? in Contract Administration Posted October 29, 2018 @Don Mansfield, poor choice of words on my part with “typical Government Contracting Officer response” the issue is no less important and the referenced case Neil R. Gross & Co., 69 Comp. Gen. 247 (B-237434), 90-1 CPD ¶212: the quote includes a very important reference to the solicitation methodology “We also consider whether the solicitation for the original contract adequately advised offerors of the potential for the type of changes during the course of the contract that in fact occurred … or whether the modification is of a nature which potential offerors would reasonably have anticipated under the changes clause”. BAA’s are structured to be open calls, many are Funding Opportunity Notices under 2 CFR 200 in addition to Contract Solicitations or even the new hot topic of OTA vehicles, all into one solicitation vehicle. The method can advise the entire US industry base of research interests of the US Government and the possibility of grants/contracts/OTAs. The Government decided how/what type of vehicle best fit the circumstances of the response nothing foretold the award was to be a FAR based contract. Options are not even advertised in a BAA solicitation like in a FAR 15 solicitation. The question of what option authority is necessary is even a question in my mind given 17.200, which makes the option subpart inapplicable. @Don Mansfield you state "taken to its extreme, you would have to say that it's impossible for the work covered by the unexercised option to be out of scope. It may or may not be within scope." I am saying that any unexercised option under a contract initially awarded under a BAA with that option is within scope and bi-laterally executable . Now more generally if a contract initial award under a BAA included an option that for any reason the Government failed to exercise during its unilateral right period, can both parties agree to perform the work originally agreed to at award? Does it run afoul of CICA or the “Spirit of CICA”? Which specifically separated out the BAA. All, I really appreciate the discussion.