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Retreadfed

Member Since 16 Dec 2008
Offline Last Active Yesterday, 07:07 PM

Topics I've Started

At what price are options performed?

12 February 2013 - 04:57 PM

Contractor has a multiple year contract subject to the SCA.  The contractd does incorporate 52.222-43.  The contract is coming to an end, but contains FAR 52.217-9.  Under this clause, the contract can be extended for six months.  The contract does not state a price for work done in this six month period.  The contract does not contain 52.217-8.  If the option under 52.217-9 is exercised, I see three possibilities as to what the contractor can be paid for work in the option period:  (1) the contractor continues to be paid at the rate specified in the contract before expiration; (2) the contractor is paid at the current contract rates as adjusted IAW 52.222-43; or (3) the government and contractor negotiate a separate price for the six month period.  

I have searched for definitive guidance on this question (ASBCA, COFC, CAFC decisions and the FAR), but have not been able to find any.  Maybe I don't know where to look but I am striking out on this.  Any words of wisdom on this?

Funding of options with CR funds

24 September 2012 - 11:17 AM

I know that a different aspect of this topic has been discussed here before.  However, I am curious as to whether any guidance has been issued on how to address options for services funded with annual appropriations that must be funded with a CR that provides funding for only a portion of a year?  For example, congress is currently considering a CR to allow the government to operate through March, 2013.  If an agency has a contract for IT help desk services with an option for FY 13 to be exercised by Oct. 1, how would the funding for FY 13 be expressed on mod exercising the option?  Assume the contract contains 52.232-18.