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FAR Prescription 17.208(g)


RisingFed

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The prescription at FAR 17.208(g) for exercising FAR clause 52.217-9 uses the phrase "any or all" related to subparagraphs (1) - ...preliminary written notice of its intent to extend the contract; (2) -...the contract includes an extension of the option; and (3) - A specified limitation on the total duration of the contract. Has anyone ever used just one or two of the subparagraphs? If so, can you briefly explain why?

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I didn't use (2) once because I wanted the future exercise of the option to be its own stand-alone contract, rather than an extension of the base contract.

The prescription in FAR 17.208(g) is for including the clause in the contract (pre-award), not for exercising the clause (post-award). 

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On ‎9‎/‎5‎/‎2020 at 10:23 AM, ji20874 said:

I didn't use (2) once because I wanted the future exercise of the option to be its own stand-alone contract, rather than an extension of the base contract.

The prescription in FAR 17.208(g) is for including the clause in the contract (pre-award), not for exercising the clause (post-award). 

Presumably ji20874, you used subparagraphs 1 and 3 of the prescription. If so, I don't understand how excluding subparagraph 2 allowed you to consider any extension expressed in subparagraph 1 as a stand-alone contract. What perplexed me initially is how one can use fewer than all three. I appreciate your perspective and further explanation.

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I used a clause substantially the same as the clause at FAR 52.217-9 to match my intentions.

A contracting officer uses the clause at FAR 52.217-9 (or something substantially the same as...) whenever any one of the three circumstances exist.  The clause, as written, covers all three, and even then, the clause can be modified (substantially the same as...).  Or, when a contracting officer uses just one or two, he or she modifies the clause accordingly (substantially the same as...).  As examples, the parties could agree that--

  • the Government will not be required to provide a preliminary notice of intent to exercise the option;
  • any extension of the contract will not extend the period for exercising the option;
  • any extension of the contract will not extend the period of performance for the option work; or
  • the total possible contract duration will be left indefinite.

These are rarely done, but they are all legal.  One day during your career, you might decide to use one of these, or something else.  The key to remember is that the clause may be modified (substantially the same as...) without a deviation.  See FAR 52.104 and 1.401(d).

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