Jump to content
The Wifcon Forums and Blogs
ms_kish

Can the changes clause 52.243-1 and 52.217-8, Option to Extend Services clause be used together to extend a contract beyond 6 months?

Recommended Posts

A contract was awarded for a base period of 6 months and an option period of 6 months for severable services. The 52.217-8 clause was included. After the base period ended, the 52.217-8 clause was used for an extension of 3 months with no other changes to the contract, the -8 clause was used again to extend for an additional month with no other changes to the contract. The 6 month option was exercised and five months into the performance period of the option, a scope change was required which caused the contractor to purchase additional supplies and required additional lead time and so the Changes Clause (52.243-1 Alternate II) was used for the within scope change and the contractor was granted an extension of 3 months. The 3 month extension has ended and we would like to use the -8 clause again for 2 months (the -8 clause was previously used as an authority for a total of 4 months out of the 6 allowed). Did the use of the Changes clause negate any time being left on the -8 clause or is an extension of 2 months still permitted using the -8 clause?

Share this post


Link to post
Share on other sites

It is unlikely that your contractor would object to the exercise of the final 2 months of the -8 clause 6 month period. Even if the contractor did object, assuming you exercise the option within the period of time stated in the clause, its refusal would not be supported by the board of contract appeals or court. The words of the clause are quite clear.

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ______ [insert the period of time within which the Contracting Officer may exercise the option].

In your circumstance, it is also unlikely that an unsuccessful offeror would protest the third exercise of the -8 option. However, be aware that you should have evaluated the - 8 option as part of your source selection. In that regard, you might wish to review these 2 threads as they apply to open market and GSA schedule procurements: http://www.wifcon.co...t-mcs-decision/ and

http://www.wifcon.co...ing-task-order/

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×