December 6, 20232 yr comment_80572 I recently inherited a contract as a COR which is coming up the end of period of performance on 19 FEB 2024. We are in the last option year. My client claims that the prior COR told them they can use their funding to purchase services or equipment within scope until the last day of the contract. My Contracting Officer stated that the once the contract ends Government cannot receive any more services and that all products and services must be received by 19 FEB 2024 as it is the contract end date and she is not willing to entertain any extension. My client disagrees based on previous guidance provided and expects the contractor to provide services after the POP since they executed the purchases within the POP. I seem to be stuck in the middle and am not sure how to get to a resolution. Report
December 6, 20232 yr comment_80576 2 hours ago, faroutgeek said: I seem to be stuck in the middle and am not sure how to get to a resolution. Well you will need the CO's buy-in, right? I would suggest clarifying discussion with your CO but here are a couple of thoughts to assist in that discussion. Read the entire contract and make sure there is nothing in it that addresses the situation. I say this as the previous COR must have had some basis to make the statement. And, with out knowing the contract, if purchases are allowed within the POP and it is specifically stated that delivery must occur on or before end of POP, delivery could occur after POP and the government could receive and it would reflect in an adverse performance rating. Additionally, another remedy for late delivery if delievery must be by end of POP as stipulated in the contract the government could ( I want to repeat could as the contract wording would help assure the could) possibly accept late delievery with consideration for the contractor not meeting the strict requirements of the contract. Hope these thoughts help in working it out with your CO. Report
December 6, 20232 yr comment_80580 5 hours ago, faroutgeek said: My client claims that the prior COR told them they can use their funding to purchase services or equipment within scope until the last day of the contract. What do you mean by "client"? Is the contract one of the indefinite delivery contracts described in FAR 16.5? If so, what is the ordering period for the contract? Also, is there anything in the contract that contradicts FAR 52.216-20(d), 52.216-21(f) or 52.216-22(d) as applicable? Report
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