chuparosa Posted January 6, 2011 Report Share Posted January 6, 2011 A CO notified me that their agency legal office recently determined the Continuing Resolution Extension end date to also be the date work performed under the latest FFP contract option must cease. This option was exercised with FY'11 funds starting 1 Dec. 2010. Is the CO is receiving inaccurate advice. Any comments. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted January 6, 2011 Report Share Posted January 6, 2011 A CO notified me that their agency legal office recently determined the Continuing Resolution Extension end date to also be the date work performed under the latest FFP contract option must cease. This option was exercised with FY'11 funds starting 1 Dec. 2010. Is the CO is receiving inaccurate advice. Any comments. If you exercised the option and fully funded it, then the delivery schedule/period of performance is whatever the contract says it is. Unless you have some limiting language, either in the CR or in agency fiscal guidance, FY 11 funds under a CR are no different than FY 11 funds under a new appropriations act. The Continuing Resolution Extension end date is the date beyond which you may not further obligate FY 11 funds, but if the funds have been already obligated, then continued performance should not be an issue. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 6, 2011 Report Share Posted January 6, 2011 A CO notified me that their agency legal office recently determined the Continuing Resolution Extension end date to also be the date work performed under the latest FFP contract option must cease. This option was exercised with FY'11 funds starting 1 Dec. 2010. Is the CO is receiving inaccurate advice. Any comments. Yes, I have a comment. If the CO received legal advice like that he should follow it. Continuing resolutions present agencies with complex rules about obligations. See Principles of Federal Appropriations Law, 3d, Vol. II. There is no pat answer to a question about what can be done under a continuing resolution, because the answer will depend upon the language of the resolution. You asked if the CO has received inaccurate advice. How the hell should we know? We don't know what agency you are talking about and I'll bet that most members here have not read the most recent continuing resolution. Link to comment Share on other sites More sharing options...
chuparosa Posted January 7, 2011 Author Report Share Posted January 7, 2011 The agency is DoD. I would prefer a reply from active COs. Link to comment Share on other sites More sharing options...
napolik Posted January 7, 2011 Report Share Posted January 7, 2011 The agency is DoD. I would prefer a reply from active COs. Posts 2 and 3 have all the information you need. You will not find a common response from contracting offficers. In my career within and outside DoD, when faced with a CR, there have been times when I funded fully 12 month periods of performances. In other cases, the funding covered only the period covered by the CR. My decisions have been governed by the wording of the CR and the allocation of funds by the agency comptroller. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 7, 2011 Report Share Posted January 7, 2011 I hope a lot of active COs answer that question. I need all the laughs I can get. Link to comment Share on other sites More sharing options...
leo1102 Posted January 7, 2011 Report Share Posted January 7, 2011 The agency is DoD. I would prefer a reply from active COs. Vern Edwards certainly does not need me to defend his standing in the Contracting community so I will not do that. What I will do is politely advise Chuparosa (who is a new WIFCON member) to be careful when stating this particular preference. Since Oct 03 when I entered the 1102 career field, Vern has provided invaluable guidance on this site and through his FAR BootCamp. To alientate him might not be a good thing!!! By the way - I am an "active CO" in DoD. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 7, 2011 Report Share Posted January 7, 2011 leo1102: Thanks for your kind comments, but I don't feel that way at all, and no one should be afraid of "alienating" me. I understand chuparosa wanting the opinions of "active COs." In my experience not many of them know a lot about funding laws, but he/she might luck out and get a response from one who does. How he/she will know which is which is another thing entirely. What he/she really should do is read the reference I provided. Link to comment Share on other sites More sharing options...
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