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mardnchr

out of scope

out of scope  

  1. 2. If the contract value is doubled to add work to an already awarded contract is that considered out of scope?

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Dene, if no mod was ever processed for the original reduction from 200 to 116 widgets, then it would seem that the current change is a deletion of 200 widgets.

If the government processed a mod earlier but didnt take a credit, I don't know what to tell you, without more information.

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No vote from me because the answer would depend heavily on the facts and circumstances giving rise to the doubling of the contract value, and even then there can be a lot of room for interpretation.

On one hand, being within the "general scope" as required for directed changes by all versions of the 52.243-x Changes clause is not that high a bar.

On the other hand, doubling in value passes a traditional rule of thumb threshold for a cardinal change.

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There are reasons a contract value may double which would not be considered out of scope, but if it was just "to add work" as stated in the question then generally speaking yes it would probably be considered out of scope.

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Cajuncharlie is correct. You have provided only one "red flag" that may indicate that the mod is out of scope. The best explanation of the scope issue that I am aware of is set out in the Army JAG School's Contract Law Outline (Chapter 21, Vol 2). It can be accessed here:

https://www.jagcnet.army.mil/JAGCNETPortals...aglcsdoclib.nsf

I recommend that you (1) read pages "21-6" through "21-18" of the outline carefully; (2) examine the authorities that are cited therein; and then (3) close the loop by getting a legal concurrence from your assigned counsel that it is either in or out of scope.

Also, to the WIFCON Community more generally, the Army JAG School's Contract Law Outline is an outstanding resource for contracting professionals. It is publicly available (and there is no password or anything needed). Here's the link:

https://www.jagcnet.army.mil/JAGCNETPortals...aglcsdoclib.nsf

The ABA takes this exact outline, binds it, and sells it for about $100. Kind of wasteful, because it is free online. A lot of contracting people aren't aware of it, which I think is unfortunate. I would like to see the legal and contracting community tied in more tightly to make everyone's life easier.

If anyone has difficulty accessing it, let me know. I recommend that you save it to your desktop or somewhere else where it is easily accessible to you.

Cheers!

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I just realized that the link will not take you immediately to the contract law deskbook. Here's what you do:

(1) Click on "By Category" which is on the left side of the webpage.

(2) Click on "Next Page" link which is at the top.

(3) Click on "2010 Contract Attorney Deskbook Volume 1 (Emily Colman 09/29/2010)" and "2010 Contract Attorney Deskbook Volume 2 (Emily Colman 09/29/2010)."

... the analytical framework for this particular issue is in Volume 2, but it obviously covers a very wide range of contract issues.

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If anyone has difficulty accessing it, let me know.

Can't get there. Can't even get to the first part of the URL, ending in .mil. Suspect there is more going on in the cyberbackground since the URL is secure (https).

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Cajuncharlie: Try it this way:

(1) go to www.jagcnet.army.mil

(2) On the right hand side of that webpage, there are some links, scroll down to the link called "TJAG Legal Center and School (TJAGLCS)" and click on it.

(3) That will bring up a new webpage. Again look at the tabs to the right and click on "TJAGLCS Publications" (Under the "Publications" Tab)

(4) On the new page that comes up, click on "By Category" on the left side.

(5) Click on "Next Page" at the top.

(6) Click on the two deskbooks, called "2010 Contract Attorney Deskbook" (there are two of them).

... Let me know if that works.

Thanks,

O

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Oyster, can't even get that far.

Edited to insert: On the PC, can't get there, but on the BlackBerry, no sweat. Don't know if it's the Army firewall, my company's firewall, or the combination of them. Too weird!

But on the PC, both the short link and long link get me this:

Internet Explorer cannot display the webpage

Most likely causes:

You are not connected to the Internet.

The website is encountering problems.

There might be a typing error in the address.

What you can try:

Diagnose Connection Problems

More information

This problem can be caused by a variety of issues, including:

Internet connectivity has been lost.

The website is temporarily unavailable.

The Domain Name Server (DNS) is not reachable.

The Domain Name Server (DNS) does not have a listing for the website's domain.

If this is an HTTPS (secure) address, click Tools, click Internet Options, click Advanced, and check to be sure the SSL and TLS protocols are enabled under the security section.

For offline users

You can still view subscribed feeds and some recently viewed webpages.

To view subscribed feeds

Click the Favorites Center button , click Feeds, and then click the feed you want to view.

To view recently visited webpages (might not work on all pages)

Click Tools , and then click Work Offline.

Click the Favorites Center button , click History, and then click the page you want to view.

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Cajuncharlie,

Try this, type 143.84.171.115 into your browsers address bar (where you usually type the URL). See if that will get you to the site. It might give you a certificate error, and if so just click on "continue to site". If you can get to the site that way, then this is either a DNS issue, or it could be that your company firewall is set to block the URL, but they didn't think to block the IP address. Or it could be that your company is blocking sites with "invalid" certificates.

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No joy. Got the usual certificate error, but our system gives certificate errors even for some websites of our company's software providers, then allows access. I will put in an IT work ticket and see what happens.

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