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Sunstrider

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About Sunstrider

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  1. Missed Option but Have a J&A

    By not exercising the last option in a timely manner, the Government lost its unilateral right to extend the contract PoP at the prenegotiated price. This is the one undeniable consequence of what was administrative negligence. Since the contractor has tentatively committed to its original price for the option, you may issue a bilateral modification to exercise the option. A new contract is not required simply because the Government relinquished unilateral rights to the option.
  2. I have a few questions regarding the contract closeout process, especially with regards to common practices I see. 1) Why releases of claims included in modifications to deobligate excess funds? I am not finding a basis for this practice in regulation, and, IMO, it's far easier to just let the contractor submit a claim, should they deem such action necessary. 2) Would you consider a unilateral modification in order to remove all excess funds for contract closeout? If so, what authority would you cite on the SF 30? 3) I cannot locate guidance for how to properly use Block 5 on the DD 1594 - Contract Completion Statement. Under what circumstance will it be authorized to close a contract out with excess funds remaining? What about the checkbox "In Process"?
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