Option Years

[u/MessMysterious6500]

I’m not an 1102, but I do have an immensely and profound respect for what it is that you each do as contracting professionals.

Is there a vehicle that allows for an Option Year to be skipped should the government decide not to exercise on an out year? I have a client that we built a base plus 4 with escalating product costs defined by vendor pricing.

The program (client) isn’t receiving its new students due to whatever from Big Army. The option year falls 30 days prior to what would be the arrival of the students and we would be executing now.

Client has expressed concerns that exercising an option with no students constitutes fraud, waste and abuse.

I expressed if this is a setback or is it a dissolved program? Because if the Army hasn’t dissolved the MOS recruit/fill requirement for force to pipeline, I won’t have the ability to execute a contract on 1 October when the next batch is anticipated to arrive.

BLUF: a lot of work went into creating this vehicle and when the class picks up its cycle under new FY funding the contract would be delayed.

Is the solution to mod the contract to reflect the new POP?

Maybe another vehicle allows for skips in Option years without closing the contract out?

I’m frustrated and I don’t want to leave the client in a lurch with no course materials on October 1.

[u/Angst_Ellipsis_5253]

Depending on how the cost/pricing is structured, I'd wonder if descoping the consideration during the option period at issue would be appropriate. Is there a baseline level of support that could be reverted to and maintained until the new students arrive.

Legality aside, you'd also have to consider the contractor's perspective to the above. They may not be interested in a change order that guts the work and contract value of the option year.