Denise Lopez Posted April 21, 2020 Report Share Posted April 21, 2020 I have an TO placed against an IDIQ. The TO was awarded at a total cost of $288K. The agency wants to do an in-scope change to increase funds, which will, one, complete the work currently being done, and two, add additional work related to the same work being performed now. The agency says that when they submitted the SOW for the current contract, they under estimated the amount of hours needed to complete the work. The amount of the in-scope change is $300K. Can I do an in-scope change, with an amount larger that the award amount, or should I just do a new TO against the IDIQ? Link to comment Share on other sites More sharing options...
Retreadfed Posted April 22, 2020 Report Share Posted April 22, 2020 Presumably, you have already determined that the change is within the general scope of the contract. If that is the case, what would prevent you from issuing a modification to the TO? Is there some question as to whether it is in fact within the general scope of the contract so that it is a valid change? Link to comment Share on other sites More sharing options...
ji20874 Posted April 22, 2020 Report Share Posted April 22, 2020 Yes, if the change fits within the Changes clause of the contract, you can do a modification with a higher dollar value than the value of the original order. Link to comment Share on other sites More sharing options...
Constricting Officer Posted April 22, 2020 Report Share Posted April 22, 2020 Work is within scope; funds are available and is a “Bona Fide Need.” Do the MOD. Link to comment Share on other sites More sharing options...
Denise Lopez Posted April 22, 2020 Author Report Share Posted April 22, 2020 2 hours ago, ji20874 said: Yes, if the change fits within the Changes clause of the contract, you can do a modification with a higher dollar value than the value of the original order. Thank you. Link to comment Share on other sites More sharing options...
here_2_help Posted April 23, 2020 Report Share Posted April 23, 2020 On 4/21/2020 at 1:57 PM, Denise Lopez said: The TO was awarded at a total cost of $288K. The agency wants to do an in-scope change to increase funds, which will, one, complete the work currently being done... I'm wondering whether the TO was FFP and whether somebody just covered the contractor's overrun. Presumably not the case, but I wonder .... Link to comment Share on other sites More sharing options...
joel hoffman Posted April 23, 2020 Report Share Posted April 23, 2020 Yes, the described scenario is somewhat obscure (unclear or uncertain). Link to comment Share on other sites More sharing options...
ji20874 Posted April 23, 2020 Report Share Posted April 23, 2020 The answer I gave is correct -- there is nothing in the FAR that limits an equitable adjustment amount in comparison with the contract price. However, that does not mean I am recommending that course of action. I do not know the underlying facts, and I do not know if original poster's understanding of fundamental principles or definitions is sound. The original poster cannot rely on my answer as cover to do what she wants. She has to make her decision based on the facts along with correct principles and definitions -- and sound business judgment needs to figure in as well. Link to comment Share on other sites More sharing options...
joel hoffman Posted April 23, 2020 Report Share Posted April 23, 2020 After re-reading the original post, the description of the action is extremely obscure. If this is a single award ID/IQ, one has a lot of flexibility. Also, we on’t know how the task order is priced, e.g., lump sum FP, unit priced with estimated quantity, time and materials, cost reimbursement, etc. The requiring activity underestimated the number of hours required to complete the current effort. In addition, they want to either expand the current work or perform work related to the current work. That’s pretty much all that is known. As H2H wonders, it isn’t clear, to me at least, if the contractor is entitled to a price adjustment for the current effort. The title of the thread is pretty cryptic for that matter. “Contracting Officer”? Shades of the DAU’s “Ask a Professor” site. 😁 Link to comment Share on other sites More sharing options...
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