Contractor has a multiple year contract subject to the SCA. The contractd does incorporate 52.222-43. The contract is coming to an end, but contains FAR 52.217-9. Under this clause, the contract can be extended for six months. The contract does not state a price for work done in this six month period. The contract does not contain 52.217-8. If the option under 52.217-9 is exercised, I see three possibilities as to what the contractor can be paid for work in the option period: (1) the contractor continues to be paid at the rate specified in the contract before expiration; (2) the contractor is paid at the current contract rates as adjusted IAW 52.222-43; or (3) the government and contractor negotiate a separate price for the six month period.
I have searched for definitive guidance on this question (ASBCA, COFC, CAFC decisions and the FAR), but have not been able to find any. Maybe I don't know where to look but I am striking out on this. Any words of wisdom on this?
Retreadfed
Member Since 16 Dec 2008Offline Last Active Yesterday, 07:07 PM



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