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I'm trying to find a reference in the FAR as to whether or not I can execute a period of performance (POP) extension on a Task Order (TO), when the base contract has expired. TO POP was selected beyond the base contract completion date IAW FAR 17-204(d), however the TO has not expired and we are looking to extend the POP, but the base contract expired a few months ago.
There is currently a topic of great debate in our office and I would like to get some additional opinions on the subject. When a contractor has requested an extension to the period of performance based upon excusable delays due to unusually severe weather experienced on a construction contract, what is the proper modification authority? I would be highly interested in reviewing any associated case law on the subject. The majority opinion is that the Contracting Officer may extend the period of performance citing FAR 52.249-10 - Default (Fixed-Price Construction) as the modification authority. The minority opinion is that this a misinterpretation of the Default Clause and authority should be found elsewhere in the FAR. I reviewed Administration of Government Contracts by Cibinic, Nash, and Nagle and found discussion on this topic, but not a direct answer to that question. My hope is that I can provide case law or another definitive source that can settle this debate. Thank you.