|
|
 |
|
Search the Community
Showing results for tags 'availability'.
Found 1 result
-
I am currently doing work with a federal agency client and a question has arisen as to whether or not an annual appropriation remains available in terms of time under a specific scenario. A firm-fixed-price contract was awarded for severable services for a period of one year and fully funded at time of award. During that time, there was a government-caused delay that required the performance to extend beyond the 12 months originally determined to be the PoP. As such, when work resumed, the total period of performance funded by the obligated appropriation was now 15 months for this severable service, which exceeds the 12 month limit imposed by 41 U.S.C. sect. 253l. Although the total amount of services rendered and charged to the government did not exceed 12 months - i.e., they still got 12 months of service at the FFP per month - the performance of said services lasted 15 months. Obviously the intent of the agency at award was to comply with the limits of 41 U.S.C. sect. 253l, but circumstances played out differently. Which is the appropriate course of action in terms of time availability given the cause of the extension: modify the contract to extend the PoP at no increase in price and use the original funding/appropriation, or modify the contract to extend the PoP and fund the remaining three months with current year money?
