dneal23

In looking for the communities advice, I present the following situation which has recently been presented to me: We issued an order off of a GSA areawide public utility contractor for one year. The POP expired on 24 July and I was notified last week regarding the issue, as the utility company had submitted their invoice for a period that was not covered under our current order. Guidance received was to process a quantum meruit determination for the period without a "contract" and to issue a new order as quickly as possible. I don't have extensive experience with utility contracts, but the guidance provided to me from more than one individual, is that the contract is dead. Additional Info: I work for USACE and many of our service contracts are funded with non expiring O&M funds, so they cross fiscal years. Funds were in place prior to the order passing the POP date. I'm wondering, based on the experience of the community, if there are any alternate recommendations. Modification to extend the POP for a short period, until a new order can be issued? Others? I welcome any thoughts and can provide additional information as needed.

USACE

Our office has been issuing BPA call orders over SAT. Recent BPA training highlighted that IAW FAR 13.303-5, calls shall not exceed SAT unless agency regulations may establish a higher threshold consistent with FAR 13.5. I had asked previously about this, but was refered to 13.5 as the authority to issue calls over the SAT. It is my understanding that there are no known agency regulations allowing calls to be issued over SAT. There are various Q&A's on DAU Ask a Professor and even guidance on the DAU site that conflicts with each other on the applicability of 13.5 when issuing BPA call orders. I understand that FAR 13.500 states that "Under this test program, contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure. Is the applicability of 13.5 as simple as understanding that 13.303-5 limits calls to SAT, but 13.500 states this part is subject to any dollar limitation to that procedure....and in this case the limitation would be SAT. There is a general resistance to limiting call orders to the SAT and I'm caught in the middle of trying to interpret the guidance correctly, while ensuring everyone can understand how this alters "how things have always been done." I see how BPA's can be used and often times they aren't issued correctly, so I can understand having limitations. Part of me feels the answer I am seeking is straightfoward and simple, but with the different responses I've read and information available, I welcome any discussion or thoughts on this matter.