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We have an effort for Research and Development. The period of performance is one (1) three year period. CLIN 0001 (1 Lot) is for NRE. CLIN 0002 (8 Each) is for EDMs. The minimum quantity on the IDIQ is CLIN 0001 (1 lot) and CLIN 0002 (8 ea). The rest of the CLINs on the IDIQ have no minimum guarantee and will be issued if/when needed. My question is this...We have R&D funding for this effort so the plan is to incrementally fund CLINs 0001 & 0002. However, if the minimum quantity is the 1 lot and 8 each and delivery of these are at the end of the 3 year PoP can we run into a problem if we don't get funding on out years and can't fund the remainder of this effort despite having issued a delivery order for the minimum quantity (CLIN 0001 and CLIN 0002). What I'm basically saying is are we doing something or in violation of anything if we issue a delivery order for the minimum quantity (0001 & 0002) with the intention of incrementally funding it with R&D funds assuming we get marks or don't get the funding anticipated?
Good day, We have a discussion on my workplace of whether or not we can exercise an option early only to obligates the funds. We have done it several times and now we are questionning whether or not this is a violation of the Anti-Deficiency Act. Scenario: Contracts is for R&D, Cost Reimbursable. Exercise of Option was to obligate funds but not to change the period of performance. We specify that work shall commence as stated in the period of performance not at the effective date of modification that exercised the option. Funds are FY11 with expiration date of 30 Sep 2012. Are we violating the bona fide rule and the anti-deficiency act? I do not believe we have violated the anti-deficiency act or bona fide rule as funds were appropriated in February 2011 (per MIPR), the intend to exercise the option was deemed necesary and in the best interest of the program. Your advise is appreciated.