ArmyofOne Posted March 20, 2020 Report Share Posted March 20, 2020 With regards to adding new work to an existing services contract, what is the best way to make a determination if the new work is within scope of the existing contract? Is the percentage (20%, 25%?) of the increased work a generally acceptable criteria? Assuming the description of new work is within the same general scope of the current requirement. Link to comment Share on other sites More sharing options...
Jacques Posted March 20, 2020 Report Share Posted March 20, 2020 Severable or entire? Link to comment Share on other sites More sharing options...
ArmyofOne Posted March 20, 2020 Author Report Share Posted March 20, 2020 Jacques, thank you! non-severable services. Link to comment Share on other sites More sharing options...
ji20874 Posted March 20, 2020 Report Share Posted March 20, 2020 Percentage is a wholly unreliable indicator of in-scope. It could be 0.001% additional and be out-of-scope, or it can be 200% additional and be within-scope. Is it really "new" work? Or is it a changed approach? The former might suggest out-of-scope -- the latter might suggest within-scope. Here's a link to an article that might be helpful: http://smallgovcon.com/gaobidprotests/in-scope-vs-out-of-scope-modifications-gao-explains-the-difference/ Link to comment Share on other sites More sharing options...
ArmyofOne Posted March 20, 2020 Author Report Share Posted March 20, 2020 Thank you. The GAO case is a fantastic primer. Much appreciated! Link to comment Share on other sites More sharing options...
Constricting Officer Posted March 23, 2020 Report Share Posted March 23, 2020 On 3/20/2020 at 2:48 PM, ji20874 said: Percentage is a wholly unreliable indicator of in-scope. It could be 0.001% additional and be out-of-scope, or it can be 200% additional and be within-scope. Not add to, but to recognize ji's forward thinking. Every one in contracting wants to add a % factor to decisions (would make it easier for us), but it doesn't work. Changes in scope (in or out), fair and reasonable determinations on a set-aside (5% more too much?) and a thousand others things is not currently applicable to our jobs. COs make decisions based on the best information they have at the time. Make the decision and move on as best you can being a reasonable and prudent person. Link to comment Share on other sites More sharing options...
ArmyofOne Posted March 24, 2020 Author Report Share Posted March 24, 2020 Thank you! Link to comment Share on other sites More sharing options...
joel hoffman Posted March 25, 2020 Report Share Posted March 25, 2020 If you have access to a copy of “Administration of Government Contracts” , there is some good coverage of scope determination in it. Every acquisition professional involved in contract formation or contract administration should have a personal copy If their office “can’t afford” to buy one. Link to comment Share on other sites More sharing options...
bob7947 Posted March 25, 2020 Report Share Posted March 25, 2020 You can find a variety of GAO and Court of Federal Claims decisions and opinions at: FAR 6.001: Competition; Modifications, beyond the scope. Excerprts are shown and links to the decision or opinion. Link to comment Share on other sites More sharing options...
ArmyofOne Posted March 27, 2020 Author Report Share Posted March 27, 2020 Gentlemen, Thanks for all the input. Much appreciated. Link to comment Share on other sites More sharing options...
Recommended Posts