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BigBirdContracting81

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  1. @ji20874 Man, this is really good stuff. I'm learning so much at the old age of 37, lol. But seriously, thank you all so much for the invaluable information. No, it is not yet a done deal as the option-exercise modification has not yet been executed, and I'm very apprehensive about discussing with the team the legitimate workarounds you have suggested. My budget analyst will probably want to hug and kiss you when I show her the suggested workarounds you provided. Essentially, she's been saying the same thing you said in terms of the workaround, just in different, more colorful, office-ina
  2. @ji20874, @Jamaal Valentine I gotcha. I misread and misinterpreted FAR 52.217-9 completely, 🤦🏽‍♀️. What I believe you guys are trying to get me to understand is that the Option-Period PoP start date and the earliest date for Option exercise, according to FAR 52.217-9, are two completely different things. Reading, well, reading thoroughly with a clear understanding of that facts is fundamental, huh 🧐🤔😂 The biggest concern, and point of contention for the budget folks is that although we use RDT&E funds (2-year availability of funds), our program office treats those RDT&E funds like
  3. @ji20874 Based on my understanding of everything, the earliest possible date the Government can exercise Option 2 is June 22, 2020 to June 21, 2021. Thanks for your help.
  4. @Jamaal Valentine Hey there. Although 52.217-9 states: “The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months”, I do not believe Option 2 can be exercised concurrently with Option 1 since the contract was awarded with explicit PoP beginning and end dates for both options. (Am I making sense?) Also, this is a services contract for non-personal A&AS. 37.106 Funding and term of service contracts states: (I’m trying to determine whether or not this would also affect whether or not the Option-Years could be exercised
  5. @ji20874, @Jamaal Valentine Additionally, here's what the option clauses currently state in the contract: 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 66 months. The Contracting Officer may exercise the option by
  6. @ji20874 You are right, I did use the term "illegal". I used it impulsively by reason of fear of the unknown. My original posting was an honest intellectual inquiry but I presented it in a "fire, aim, ready" fashion. Please forgive and pardon my rant. I got nervous that I was potentially "in trouble" for my use of the words "illegal" and "unethical" on this forum, as I am new to Wifcon. I've been told many times by sharp, well-seasoned contracts folks like you and @Jamaal Valentine that the contracting community is small so be careful to not burn any bridges or ruffle the wrong feathers...whic
  7. @Jamaal Valentine Thank you so very much. And you're right, I need to relax. I work in a pretty high tempo contracting environment and sometimes it gets the better of me. Thanks again and Happy Contracting!
  8. @ji20874 If you had thoroughly READ my question, you would know that I DID NOT charge my Contracting activity with any illegal conduct. I simply asked IF exercising two separate option periods concurrently would be considered illegal , simple as THAT. It seems as though you are looking to start trouble with me simply for my asking of a question regarding a contract action of which I have no knowledge. I NEVER accused ANYONE of DOING ANYTHING illegal. I simply asked if the action is taken to exercise two separate option-periods concurrently is it considered legal. Simple as that. Also, if you’d
  9. @Jamaal Valentine The contract is CPFF with the following option clauses: 52.217-8 (to extend services) and 52.217-9 (to extend the term of the contract. I use 52.217-9 for my Notice or Intent to the CTR, and as my mod authority. Neither of the clauses have been modified to reflect the early exercise of Option 2. If the PCO doesn’t modify either of the Option clauses in the contract before exercising both Option 1 and 2, will this be considered an illegal contact action? Thanks much for your response.
  10. @Retreadfed CLIN ceiling value just means the value of the CLIN in terms of the price of the CLIN (Cost + Plus Fixed Fee = Price). The color of money/funds type is RDT&E, which is two-year money, I believe. The funding will be FY19 money I think and since the PoP and CLIN values of both Option-Years 1 & 2 will be rolled into the base CLIN, I’m assuming (don’t judge me, lol) that the funding aspect will just carry forward once the option is exercised using RDT&E funds. I hope that answers your question. Thanks so much for your response.
  11. I am in a services contracting office that made a decision to exercise two Option-Year periods concurrently. The contract's base-year period ends June 21, 2019, and Option-Period 1 starts on June 22, 2019; However, the program office has made the [questionable/potentially illegal] decision to also exercise Option-Period 2, which is not scheduled to commence until June 22, 2020, with an end-date of June 21, 2021. The intent is to exercise Option-Periods 1 and 2 by rolling the CLIN ceiling values of Option-Periods 1 and 2 into their respective base-period CLIN ceiling values. The contracting off
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