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Acq_4_life

Utilizing Option to Extend Clause 52-217-8

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I am administering a firm-fixed price (sole-source) award contract for mail room support services. The former C/O utilized the option to extend 52.217-8 clause to allow more time (six-months) for continued performance under the existing contract while a new contract is being solicited and awarded. An additional extension is needed beyond the six-months.

Question: If an extension is needed beyond the six-months option to extend clause, is it accurate to say that the extension would need to be supported by a J&A and a bilateral modification? Additional, under what authority should the C/O cite on the bilateral modification?

 

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6 minutes ago, Acq_4_life said:

Question: If an extension is needed beyond the six-months option to extend clause, is it accurate to say that the extension would need to be supported by a J&A and a bilateral modification? Additional, under what authority should the C/O cite on the bilateral modification?

Do you work for a federal agency? If so, which one?

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A sole source extension without an option to extend would be beyond the scope of the existing contract and would require a "new work" supplemental agreement and a J&A.

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Thanks Vern! In issuing a bilateral modification (supplemental agreement) for the “new work”, I am not sure what authority to cite on Block C of the modification. Most contracting agencies cite “Mutual Agreement of the Parties”, which I understand is the least preferred authority to cite. Please advice.

 

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Cite the authority you choose under FAR 6.302.

6.303-2 -- Content.

(a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited.

(b) As a minimum, each justification, except those for sole-source 8(a) contracts over $22 million (see paragraph (d) of this section), shall include the following information:

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

(2) Nature and/or description of the action being approved.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

(4) An identification of the statutory authority permitting other than full and open competition.

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26 minutes ago, Acq_4_life said:

Thanks Vern! In issuing a bilateral modification (supplemental agreement) for the “new work”, I am not sure what authority to cite on Block C of the modification. Most contracting agencies cite “Mutual Agreement of the Parties”, which I understand is the least preferred authority to cite. Please advice.

Acq_4_life:

You mean the authority to cite in Block 13C of SF 30. We've discussed that question many times at Wifcon Forum. Mutual agreement of the parties works for me, but others might take issue with that. I suggest that you go with whatever your agency prefers. Talk it over with the policy powers that be.

The authority cited by napolik is the authority to cite on your J&A, not the authority to cite on SF 30.

Vern

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Quote

The authority cited by napolik is the authority to cite on your J&A, not the authority to cite on SF 30.

Go here: https://search.usa.gov/search?affiliate=acq_osd_mil_dpap&query=modification+training.

Click on first result entitled “[PPTX] No Slide Title”.

Go to slide 15. See “New work, requiring J&A” / "Cite the appropriate exemption to CICA"

See also the second result entitled "[DOCX] MODIFICATIONS GUIDE"

Go to page 2:

Quote

-For changes outside the scope of the contract, cite the particular authority used in your Justification and Approval permitting other than full and open competition (example:  10 USC 2304(c)(1) for only one responsible source)

 

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napolik, you know that's wrong. CICA authority for other than full and open competition is not authority to enter into a supplemental agreement. But, whatever works is fine with me.

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Am I the only one wondering why mail room support services requires a sole source award?

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I will bet they are behind on competing the continuation contract.  Like the many, many J&As I approve for my agency.  They say lack of planning is not a reason for a sole source but regardless we must not let the mission fail so I sign, sign, sign continuatioms.  What we really have is a lack of long range human resource planning that has resulted in too many contractors and not enough FEDS to do the inherently governmental tasks such as requirements definition and competitive solicitations.  And yet once again we hear that we have too many FEDS and need a hiring freeze to thin them.         

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80 percent of all procurement dollars are spent on services at civilian agencies, according to GAO. The largest category of acquired services (for both DOD and non-DOD agencies) is "professional support services".

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13 hours ago, here_2_help said:

Am I the only one wondering why mail room support services requires a sole source award?

No, you aren't alone, although the current mailroom support services contract might have been a sole source contract under one of the programs FAR Part 19. In that case, the justification for the extension might be rather straight forward. 

We also don't know if the new contract will be negotiated with the same firm, with another sole source, will be a competitive set-aside, or will involve another type of competition. 

However,  I wondered how complicated and lengthy it could be to negotiate or otherwise solicit a new contract  for mailroom support services that would necessitate a full year of extension. 

Help, the description "mailroom support services" doesn't seem to me to be "professional support services".

I think the full answer to the original question might depend upon the reason for the current sole source contract, how the agency will contract for a follow on contract and if they intend to use the same contractor.

 

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3 hours ago, joel hoffman said:

Help, the description "mailroom support services" doesn't seem to me to be "professional support services".

So what classification would you give it in FPDS-NG?

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Okay -- then infrastructure support. Fine. That category accounted for 6% of GFY 16 service spending at civilian agencies, according to GAO.

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I used mailroom support services as a scenario to address the question at hand. The services are for Construction Data Analysis where the incumbent contractor is required to obtain the most comprehensive database of construction project information available that will allow the agency to publish monthly estimates of the total dollar value of construction work done in the United States. The incumbent contractor has provided these services on a sole source basis for the past 20+ years. Recent market research has revealed that several companies have the capability and experience to provide these services. Converting from a sole source to a competitive environment requires more time for internal processes (such as, legal review/internal reviews, technical evaluation, final proposal revisions, etc.).

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Ah ha.  I know the company and saw a news release about a 2011 sole source award to continue to provide the services to Census Bureau. I've been a subscriber to an industry weekly news magazine by that company for about 40 years and used to get their monthly(?) regional construction reports of awards with unit and lump sum pricing info, many years ago.  in addition to news they include monthly, quarterly, and annual construction labor, materials and other cost indices and trends, as well as overall construction awards, etc. 

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