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buonomma

Does a Contract End After Complete Extension of 52.217-8?

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Doing some past research regarding FAR 52.217-8 (6 Month Option), I strongly remember reading SOMEWHERE, that once all 6 months have been exercised (whether for a single 6 month extension or any other monthly increments totaling 6 months) IAW this clause that the Contract is ended and there is no further recourse to extend the contract, even if any other option periods (IAW -9) remain.  Did I make this up?  Did I misinterpret something?

I have been searching for hours and can't find anything remotely alluding to this.

So, am I stupid or bad at researching? Or both?

Any responses are appreciated.

 

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A contract does not die when the performance period expires — similarly, the contractor’s obligation to complete performance does not end on that date.  The contract only ends when both parties have completed all of their obligations, or one party excuses the other party.  The contractor’s performance may be late, but is still required under the contract (generally speaking).

I haven’t seen your contract, but I would wonder why you would exercise the -8 option while you still had -9 options available — I generally see the -8 option exercised last.

But regardless, if you have a -9 option, do the fill-ins in para. (a) of the clause allow you to still exercise the option?  Are you still within the period of the first fill-in?  Have you given the preliminary written notice of intent required by the second fill-in?

Why do you want to extend the contract?  As a procedure in lieu of a termination for default (FAR 49.402-4)?  Do you want to extend the contract or exercise an option?

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52 minutes ago, ji20874 said:

The contract only ends when both parties have completed all of their obligations, or one party excuses the other party.  

I generally agree with ji here.  In this regard, obligations may be definite or contingent.  For example, under an FFP contract for supplies, the contractor must deliver conforming supplies.  When it does and the government accepts those supplies, theoretically the contractor has fulfilled its obligations.  However, there may be warranty issues that arise later or the government way later wish to revoke acceptance under the Inspection clause due to a latent defect that was discovered years later thus requiring the contractor to correct the defect.  Therefore, it is hard to say when a contract really "ends."

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