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FAR 52.217-8 AND FAR 52.217-9

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Use of FAR 52.217-9 after use of FAR 52.217-8. I know FAR 52.217-8 is usually used to extend the contract while new one is being procured. However, can FAR 52.217-9 be incorporated and exercised after extending the contract with FAR 52.217-8 as long as it is done timely. I don't see anywhere where it indicates it cannot be done. It really would be circumstances out of the norm if at all. I did not see any case for it.

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Guest Vern Edwards

Adding an option to a contract without competition, with or without prior use of FAR 52.217-8, prior to contract expiration or not, would be a sole source procurement. You can do it if you prepare a justification and and obtain approval for other than full and open competition.

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This is issuing a Modification to the contract (sole source) incorporating/exercising FAR 52.217-9 after having issued a Modification exercising FAR 52.217-8. No objections?

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Guest Vern Edwards

What the heck does "incorporating/exercising" mean? If you are going to incorporate 52.217-9, aren't you going to add an option line item to define what the option is for and at what price? Do you intend to merely add the clause? If you do that, where will be the description of the option that you would exercise?

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I am in the process of extending the term of the contract pursuant to FAR clause 52.217-9. I have provided the required 30 day preliminary written notice of intent to the contractor and subsequent 3 day notification to exercise the option before the contract expires as provided under the clause. For the sake of example, let's say the contract expiration date is 28 Mar 2013 under the existing contract. The period of performance under the new option is specified as 29 Mar 2013 thru 28 Mar 2014. The 3 day notification to the contractor is the SF30 modification to cover the new performance period. The effective date inserted in block 3 of the modification is 29 Mar 2013 (commencement date for the new period of performance), and date signed in block 16C is 25 Mar 2013 (3 day period of time within which the contracting officer may exercise the option). The modification was then sent via e-mail to the contractor on 25 Mar 2013, same date KO signed. Two questions 1) does the effective date also have to be 25 Mar (same as date signed); and 2) when FAR 52.217-9 states to insert the period of time "within" which the contracting officer may exercise the option, does this mean the mod could be sent on the 25th, 26th or 27th, or does it have to be sent where there are at least 3 days remaining before the expiration date? I hope I've presented this clearly. Nice to see you are still around Vern, you were my "best value" idol!!!!

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"What the heck does "incorporating/exercising" mean?"

I would guess that means they intend to add the clause allowing options and then exercise the previously non-existent option in the same modification. Hopefully MeryWifcon will respond soon to clarify

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