Period of Performance Extension FFP Contract Mod

[ji20874]

32 minutes ago, PATRICK3 said:

So basically, I can use this years funding as long as it hasn't been used for the full 12 months for a severable contract and extend that work?

You can use annual funds for an adjustment to the contract (whether or not by new CLIN), when the adjustment is contemplated by an existing contract clause such as the Delay of Work clause, Changes clause, Stop Work Order clause, and so forth.  But no, you cannot extend your severable services contract using annual funds to use up funds that are still on the table.

[PATRICK3]

@ji20874 This isn't in agreement with what @Vern Edwards stated. Do you agree with his statement? 

[Vern Edwards]

I agree with ji20874. You can't extend the contract just to use up funds.

But you're going to say that the government delayed the contractor and the work needed this year still has to be done as soon as possible. Right?

Remember my caveat about waiting until September. I don't think it's a big problem, but I've been wrong from time to time.

And let's see what some of the other people here think.

[PATRICK3]

@Vern Edwards Yes, the work still needs to be done this year with those funds. That's why I wanted to de-ob those funds and make another CLIN under the Base Year. If I use the delayed work clause, can I still do that or just use 52.212-4(c)?  @ji20874

[Vern Edwards]

Patrick... The work still needs to be done this fiscal year. Period. Don't focus on funds. Funding takes care of itself.

If the work needs to be done this fiscal year, then it must be funded with this fiscal year's funds. If it continues into next fiscal year as a result of a screw up delay that requires an extension, then it still must be funded with this year's funds. Why? Because the Bona Fide Needs Rule says so.

But waiting until September to get the contractor started raises questions.

Get it? Now, sally forth and get it done, unless someone else has a better solution.

[PATRICK3]

@Vern Edwards Got it! Let's see what others say, but you're right just move forward. The fact that this is a no-cost mod is why I was even contemplating it. I'll move forward with this if nobody else has any thoughts. I appreciate it!