D and F 52.217-8 Option (Signed).pdf
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- Attached to
- Modification for PO 70B03C22P00000508
- Solicitation number
- 20157216
About this file
This is a Determination and Findings document authorizing the extension of services under FAR 52.217-8 for Customs and Border Protection (CBP) San Juan, Puerto Rico, Contract Number 70B03C22P00000508.
The document extends HVAC preventative maintenance and repair services at CBP San Juan facilities for six months with full funding of $110,415.82. The extension maintains existing pricing and terms and conditions currently in place. The original contract, awarded under FAR Part 19, 8(a) (Small Business Administration 8(a) Program), has been operational for approximately three years. The Contracting Officer determined that exercising the option is the most advantageous and feasible approach because a prolonged government shutdown delayed acquisition timelines, making procurement of a replacement contract by September 19, 2026 infeasible. The extension will allow mission-critical HVAC services to continue uninterrupted until the replacement contract begins on March 19, 2027, which will be competed among HUBZone vendors in Puerto Rico. The contractor maintains acceptable performance, is not excluded from federal procurement, and the option was exercised bilaterally. A Justification for Exception to Fair Opportunity is required as the option clause was neither synopsized in the original Request for Quotes nor evaluated at time of award. The document was signed by Contracting Officer Robert J. Kay on September 9, 2026.
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Text version
DETERMINATION AND FINDINGS
to Extend Services in accordance with FAR 52.217-8 under 70B03C22P00000508
1. In compliance with the conditions set forth in FAR 37.111 regarding the appropriate use of Federal Acquisition Regulation (FAR) clause 52.217-8 in contracts for continuous services when a break in service would cause harm to the Government, the following findings and determination have been made prior to the exercise of the Option to Extend Services under the subject contract for HVAC Preventative maintenance and repairs, CBP San Juan, Puerto Rico.
a. Full funding is available in the amount of $110,415.82 for six (6) months of extended service.
b. The requirement covered by this six-month option will fulfill an existing and ongoing need for HVAC preventative maintenance and repair services at CBP San Juan, Puerto Rico facilities.
c. Exercise of the FAR clause 52.217-8 option under the existing order is the most advantageous and feasible method of fulfilling the Government’s needs.
Exercising the option will allow needed HVAC services to continue at the same price and under the same terms and conditions that are currently in place.
d. At the time of award, this contract was placed under FAR Part 19, 8(a). The option clause 52.217-8 was not synopsized as part of the Request for Quotes.
e. FAR clause 52.217-8 was not evaluated at the time of award of this contract. Thus a Justification for Exception to Fair Opportunity will be required as part of the option exercise.
f. The Contractor is not currently listed among parties excluded from Federal Procurement Programs in accordance with FAR 9.405-1(c).
g. The Contractor’s performance on this contract has been acceptable.
h. Permitting a lapse of this contract would materially impact mission readiness, and the and contract currently in place and has been in place for approximately three (3) years and cannot timely be replaced.
i. This Option will be exercised bilaterally.
j. The reason this action is needed as follows:
The prolonged government shutdown delayed acquisition timelines making the procurement of a new contract award by 9/19/2026 not feasible.
The Purchase Order extension will allow mission critical HVAC services to continue uninterrupted. The replacement contract, starting 3/19/2027 will be competed among HUBZone vendors in Puerto Rico.
2. Based upon consideration of the foregoing factors, I hereby determine that the exercise of the FAR 52.217-8 option for up to six (6) months under the subject contract is in the best interest of the Government.
Robert J. Kay Contracting Officer
| 2026-09-09T19:28:45-0400 | |
| ROBERT J KAY |
File details come from the government source that posted it. Updated .