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Showing results for tags '52.217-8'.
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Hello All, After being a member of WIFCON for some time and spending tons of time reading the blogs and posts on the forum, it's time for my first post. I have inherited a situation...... I have a Sole Source contract that was originally awarded for a 6 month base and two 3 month options. The contract was put in place because of a GAO Protest, of which, my agency had to take corrective action. The sole source contract included the 52.217-8 clause since the inclusion of options was appropriate. The J&A for the sole source contract didn't specify the inclusion of the -8 clause and -8 was not evaluated at time of award. More time is needed to award the new contract and exercising the -8 clause was my plan (Of course justifying the use with a J&A)..... The main issue- our legal office is stating that since the J&A was silent of the -8 clause, we can't use it. Furthermore, they are stating that the -8 clause shouldn't be used in sole source contracts. This is the first time I have heard this. I am more than aware of all the GAO cases in regards to using 52.217-8 etc etc and Vern's Blog "Exercising Options: There is more to it than just the FAR", but I am at loss of words in providing a response back our legal office. A break in service is not an option. Any advice?
Good Afternoon, We are five months away from the end of the final period of performance of a task order issued under FAR Subpart 8.4 and the requesting activity requested that we extend the services for an additional six months while the new procurement is completed (solicitation should be posted in a few weeks). The solicitation this task order was awarded against did not contain clause 52.217-8, however, it was bilaterally added to the task order during the first period of performance. I have argued that extending the services for an additional six months constitutes a sole source procurement and requires a J&A in accordance with FAR Section 8.405-6 and FAR Subpart 6.3 (for open market items) as the clause was not included in the solicitation and considered as a part of the offers or resultant award. I am getting push back from management that a J&A is not necessary and we have the right to extend the services without synopsizing because the clause was bilaterally included in the task order, but I disagree. I would appreciate any feedback. Thanks.