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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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Guest Vern Edwards

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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