A CO used the changes clause, 52.212-4(c), to extend the period of performance on a contract for 6 months due to the contractor failing to submit a Request for Modification to extend the contract (FSS contract). Then after the 6 month period, the CO decided to use 52.217-9 to extend the contract POP again for 5yrs. The FSS contract has 1 5yr option. Would you consider the execution of the first and second modifications proper?  Could you use 52.217-9 after using 52.212-4(c) to extend the POP of a contract?

On 2/11/2025 at 10:20 AM, Concerned CS said:

A CO used the changes clause, 52.212-4(c), to extend the period of performance on a contract for 6 months due to the contractor failing to submit a Request for Modification to extend the contract (FSS contract).

I just received a email notification of this new topic today.

Was the contractor required to request a modification to extend the FSS contract ? If so, why?

Or is this an extension to an order under an FSS contract?

On 2/11/2025 at 8:20 AM, Concerned CS said:

A CO used the changes clause, 52.212-4(c), to extend the period of performance on a contract for 6 months due to the contractor failing to submit a Request for Modification to extend the contract (FSS contract). Then after the 6 month period, the CO decided to use 52.217-9 to extend the contract POP again for 5yrs. The FSS contract has 1 5yr option. Would you consider the execution of the first and second modifications proper?  Could you use 52.217-9 after using 52.212-4(c) to extend the POP of a contract?

While Joel has asked some good questions I am going on the premise that your questions are with regard to the parent GSA FSS contract and not an order under the parent contract.

I do not understand the "failing to request" as usually its GSA's unilateral right to decide to extend a GSA FSS contract beyond its 5 year base period.  This said use of 52.212-4 to do a 6 month extension seems off base, as usually GSA has created a deviation to the clause and it is 552.212-4.  Using 552.212-4 would make sense becasue if the window to extend another 5 years was missed by GSA, or apparently in your case the contractor, a written agreement of both parties to extend could make the change to the contract to go an additional 6 months.   

This said I do not understand the then use of 52.217-9 to extend a GSA FSS contract for an additional five years.   Why would it not be GSA FAR supplement (GSAR) clause 552.238-116 that is usually in GSA FSS contracts.  This is the clause in a GSA FSS contract that allows for the extension of GSA FSS for up to 3 five year period options following the 5 year base period.

All said if you are referring to a an order under a GSA FSS contract I have kind of the same concerns the first being the reference to 52.212-4 as by my read GSA FSS contracts do not use this clause they use 552.212-4.   All my comments point to the fact that both the "CO" and the "contractor" could do well by reading the GSA FSS contract clauses in the case of trying extend the GSA FSS contract or an order under said contract. 

On 2/25/2025 at 10:09 AM, C Culham said:

I do not understand the "failing to request" as usually its GSA's unilateral right to decide to extend a GSA FSS contract beyond its 5 year base period.  This said use of 52.212-4 to do a 6 month extension seems off base, as usually GSA has created a deviation to the clause and it is 552.212-4.  Using 552.212-4 would make sense becasue if the window to extend another 5 years was missed by GSA, or apparently in your case the contractor, a written agreement of both parties to extend could make the change to the contract to go an additional 6 months.   

The GSA process to extend FSS contracts via exercise of options consists of a series of steps.  The first is notifying the contractor of GSAs intent to exercise.  The contractor then acknowledges receipt.  The GSA contract specialist provides the contractor with a list of required information that needs furnished.  This includes changes in the contractors commercial selling practices, updates to the supplies and services offered, and a host of other things.  Upon receipt the contract specialist may wish to negotiate.  If insufficient time exists to timely exercise the option, the CO may extend the contract period.  This also applies if the option terms exceed certain internal GSA review thresholds.

https://vsc.gsa.gov/drupal/node/125