DOJ-CO

This is a different scenario, but applicable to the topic. What if the Option to extend services clause was executed for 6 months (although there were available options remaining on the contract), and then it was realized that a new award could not be made during the 6-month extension? Could the C.O. issue a bi-lateral mod converting 52.217-8 to 52.217-9? The contractor agreed to the change. Obviously, this is not an ideal situation. Is this legally a ratification because the contract was extended improperly?