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Showing results for tags '52.217-8'.
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Hello! First time posting so forgive me if I miss something. I have a FMS contract that is sole source with a PoP ending on 28 February 2025. The J&A requirement is exempt due to FMS. The contract contains FAR 52.217-8 and we are planning to exercise the full 6 months due to the RFP for the follow on being delayed. From my understanding, the added cost for the potential extension pursuant to FAR 52.217-8 is based on the contractors proposed cost for the last option extended by 6-months. Our issue is that in the last option year we added scope to the contract that was not originally evaluated at the award of the base contract. My question is, are we limited to only the scope that was evaluated at award of the based? The additional scope was evaluated for the last option year. -
Doing some past research regarding FAR 52.217-8 (6 Month Option), I strongly remember reading SOMEWHERE, that once all 6 months have been exercised (whether for a single 6 month extension or any other monthly increments totaling 6 months) IAW this clause that the Contract is ended and there is no further recourse to extend the contract, even if any other option periods (IAW -9) remain. Did I make this up? Did I misinterpret something? I have been searching for hours and can't find anything remotely alluding to this. So, am I stupid or bad at researching? Or both? Any responses are appreciated.
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Good Afternoon, We are five months away from the end of the final period of performance of a task order issued under FAR Subpart 8.4 and the requesting activity requested that we extend the services for an additional six months while the new procurement is completed (solicitation should be posted in a few weeks). The solicitation this task order was awarded against did not contain clause 52.217-8, however, it was bilaterally added to the task order during the first period of performance. I have argued that extending the services for an additional six months constitutes a sole source procurement and requires a J&A in accordance with FAR Section 8.405-6 and FAR Subpart 6.3 (for open market items) as the clause was not included in the solicitation and considered as a part of the offers or resultant award. I am getting push back from management that a J&A is not necessary and we have the right to extend the services without synopsizing because the clause was bilaterally included in the task order, but I disagree. I would appreciate any feedback. Thanks.
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Hello All, After being a member of WIFCON for some time and spending tons of time reading the blogs and posts on the forum, it's time for my first post. I have inherited a situation...... I have a Sole Source contract that was originally awarded for a 6 month base and two 3 month options. The contract was put in place because of a GAO Protest, of which, my agency had to take corrective action. The sole source contract included the 52.217-8 clause since the inclusion of options was appropriate. The J&A for the sole source contract didn't specify the inclusion of the -8 clause and -8 was not evaluated at time of award. More time is needed to award the new contract and exercising the -8 clause was my plan (Of course justifying the use with a J&A)..... The main issue- our legal office is stating that since the J&A was silent of the -8 clause, we can't use it. Furthermore, they are stating that the -8 clause shouldn't be used in sole source contracts. This is the first time I have heard this. I am more than aware of all the GAO cases in regards to using 52.217-8 etc etc and Vern's Blog "Exercising Options: There is more to it than just the FAR", but I am at loss of words in providing a response back our legal office. A break in service is not an option. Any advice?
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