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Bona Fide Needs Rule - Your Opinion?
stephgoe posted a topic in Contract AdministrationHello Vern and all! I would appreciate your input on this issue - of course it is also going to legal for their opinion but you have more contract knowledge in your big toe than our legal has in the whole system, sadly to say. I thought I might get myself an educated answer here for my own peace of mind regardless of what legal has to say. So I am stuck between a rock and hard place; I have a task order written off an IDIQ base contract. The TO was written in FY 12. The CLINS are for people written in the quantity of "months". Each month was priced off of 40 hours per work week per person. Now we are in FY13 and have another 6 months of PoP remaining. The vendor has informed me that due to the start up of recruitment, security and placement we will have FY12 funds remaining that will be unbilled and that there is enough to add more people for the remaining 6 months if we would like. THe "rock" argues that we purchased man-hours toward an effort and in order to recover those man hours we should be able to legally add additional people. The "hard place" argues that additional people is considered outside scope and new work and that it would be a violation of the bona fide needs rule to use "left-over" FY12 funds to add additional people. Who is right? Second side question if you do not mind. The "hard place" also insist that since they are the CO of the IDIQ they get to make CO decisions on the TOs. I believe that once the TO is signed by me (another CO) that the CO decisions fall on me, unless they are a direct violation of the base IDIQ. Who is right on this issue? As always, thank you!!