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I currently have a request to extend what was initially a 6-month fixed-price delivery contract using FAR 52.217-9, with the reason being the host country was not yet ready for receiving the items (the contractor has performed satisfactorily and had the items ready to ship when the contract required). Because the exact amount of time the contractor will have to hold onto the items is not known, I was going to add a funded cost-reimbursement CLIN, de-obligating the amount not used once the items are delivered. Another CS informed me the FAR does not allow adding CLINs to an extension, but could not find the citation. I also looked throughout the FAR, Wifcon, and asked other CSs and have not found anything stating this is not allowed. The effort to be expended is the exact same as under the original fixed-price contract, so there is no change in scope, just using cost-reimbursement. Before completing the modification, I want to ensure the addition of the CR CLINs is allowable.
Question 1: Is it allowable to have a contract with multiple CLINs that all have different POPs in effect? In other words, some CLINs might be in their base POP, while others might be in option 1 or 2? Some CLINs are for severable services, while others are for nonseverable services. Background: I inherited a GSA order for the purchase and integration of IT software, project management support, and training services. There are six CLINs; some for severable services and some for nonseverable services. Each CLIN has its own stated POP with a base period and 4 options. The geniuses that awarded the contract assumed that everything would go as planned and apparently did not predict that the POPs might eventually get out of sync. Further, they did not realize or did not know that they should not have split up a nonseverable service with options. Due to a stop-work order we issued some months ago, and due to the October government shutdown, the nonseverable services were not completed during the base POP. I agreed to extend the period of performance of the nonseverable CLINs and I was planning on realligning the POPs of all the other CLINs so they all match. However, some of the other activities (under different CLINs) need to begin as originally scheduled (during the original dates of option 1). Had I been the awarding CO, I would have awarded an IDIQ and placed the nonseverable services uder separate task orders and the severable services on a single task order. But since our agency uses no-year funds only, I would have simply awarded a contract with a single POP for the base and all options (no POP for each CLIN) and had all the activities take place according to a project plan milestone schedule. Since the core service is nonseverable (installation/integration), I would have extended the base POP until the installation/integration was completed, without affecting the performance of the severable tasks. Question 2: How can I fix my contract? In other words, can I extend by 2 months the base period of performance on CLINs 0001 and 0002 to allow the contractor to finish the nonseverable tasks, but exercise option 1 on CLINs 0003, 0004 and 0005 since those services are required now?