Posted January 12, 20187 yr comment_39220 Hello all, I am administering a contract that has a modification that should have not been awarded. The contract was misunderstood and the mod awarded when it shouldn't have. There are no funds associated with it, just time extension. Wondering how to go about creating a new mod to say the previous one is null and void?
January 12, 20187 yr comment_39222 Did you think about issuing another modification to change the amount of time extension allowed in the first modification. In other words I do not get why you have reached the conclusion that canceling the mod is the final option to solve the issue of granting the time extension in the first place?
January 12, 20187 yr Author comment_39223 Are you saying issue a mod that just changes the period of performance of the previous mod?
January 12, 20187 yr comment_39225 powerbab: The answer to your question depends on the reason for the first mod and the reason for wanted to reverse course. You have provided no facts. If the mod extended the period of performance, it matters whether the government had the authority to do it unilaterally or required the contractor's agreement. If the contractor's agreement was needed for the first mod, then it probably will be needed again. We can't answer questions like yours in an information vacuum. Surely you have a lawyer. Ask him or her.
January 12, 20187 yr Author comment_39226 What happened was the CO said that at the time of award the maintenance option was exercised and funded so there was no need to exercise an option for maintenance just extend the time of the contract. However, upon further investigation, it was discovered that they did not exercise the maintenance option at the time of award and that we now need to do so. However, we now have a mod that extends the contract POP instead of a maintenance option.
January 12, 20187 yr comment_39231 Write a bilateral mod explaining what you explained to us and state that the prior bilateral mod is withdrawn at no cost to the government. Get the contractor to sign it. Exercise the option if you haven't already done so. Done.
January 12, 20187 yr comment_39232 Powerbab, is the contractor in the extended period now or is it still performing within the original contract POP?
January 12, 20187 yr comment_39234 Which probably means that it has incurred costs in performing the extended contract that it will want to recover.
January 12, 20187 yr Author comment_39235 Correct. We have the funds but want to get it into legal standing.
