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Kristin3

Modification of Contract

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Retreadfed, are you concerned that the OP is spending O&M funds for other than unspecified minor construction, maintenance or repairs? 

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16 hours ago, joel hoffman said:

Retreadfed, are you concerned that the OP is spending O&M funds for other than unspecified minor construction, maintenance or repairs?

Not necessarily, but we know that it happens generally inadvertently through a lack of knowledge or not knowing all the facts of a procurement.  As the contracting officer, Kristin needs to make sure that all requirements of law and regulation have been met before signing off on the mod.  Thus, it would be good to know the rules in this regard and to be on the alert for potential repeats of the Ft. Lee airfield.  I know this was covered in several courses I took while working for DoD.

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For the original poster's benefit, it might be good to say that there is a concern regarding the statutory cost limitation on funding construction projects with O&M funds -- let's say the limit is $300K (it used to be that amount) -- a contract for minor construction for $250K using O&M money is fine, but an additional $100K modification using O&M money would bust the limitation in violation of statute.  I think the limit today is higher.  See 10 USC 2805.

 

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12 minutes ago, ji20874 said:

For the original poster's benefit, it might be good to say that there is a concern regarding the statutory cost limitation on funding construction projects with O&M funds -- let's say the limit is $300K (it used to be that amount) -- a contract for minor construction for $250K using O&M money is fine, but an additional $100K modification using O&M money would bust the limitation in violation of statute.  I think the limit today is higher.  See 10 USC 2805.

 

It’s $750 Thousand and up to $2 MILLION with Secretary of the Service approval. It hasn’t been $300k for many years.

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Well, I allowed that it might be higher today -- I left DoD many years ago.  What is important is using the right terms, such as statutory cost limitation, and providing the citation, such as 10 USC 2805 (but I don't know the DoD implementing regulation citation), to help the original poster do her own research and ask the right questions, so she can get the right answers, rather than talking around the issue.

Kristin3, since you're using O&M funds for a construction project in DoD, is there any possibility that your proposed modification might violate the statutory cost limitation in 10 USC 2805?

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