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Researching

Terms and Conditions under an IDIQ Contract

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The terms and conditions in the base IDIQ contract apply to all orders issued under that IDIQ contract. What would you do if the government, 3 years into the contract, issued a mod that updated all of the terms and conditions to newer revisions and also added/changed other clauses?

The purpose of this modification, written in the mod by the government, did not state that the above described changes were being made. Rather the purpose of the modification stated clearly the purpose, i.e., update the SOW and a few other changes we had negotiated. We were expecting the mod to include the changes listed in the purpose.

Also, the contracting agency had changed. The new contract agency wanted to include, in this mod, all of the P000 mods the prior agency had issued. In doing this, this mod included the entire contract. I think, when the entire contract was reprinted the Section I that was included was the current set of terms and conditions for that agency vs. the terms and conditions contained in the base IDIQ contract.

Thoughts on objecting to this?

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It's a business decision you have to make. Do you object to the new/updated clauses? Do they have cost impacts on you?

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It sounds to me like if this is a bilateral modification this would be a good time to counter with any terms and conditions or anything (rate adjustments?) that you may want to renegotiate with the Government prior to signing the modification.

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What would you do if the government, 3 years into the contract, issued a mod that updated all of the terms and conditions to newer revisions and also added/changed other clauses?

I would read this:

http://www.wifcon.com/discussion/index.php?/blog/2/entry-2915-can-a-co-update-the-clauses-in-an-existing-contract-when-the-far-changes-or-when-exercising-options/

Then, I would consult a government contracts attorney.

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Researching, you say that the agency responsible for the contract has changed. Was the change between a DoD component and a civilian agency not subject to the DFARS?

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