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Found 2 results

  1. There has been some back and forth in my office regarding whether clauses included in task orders have to be in the basic contract and I'm unable to find anything that specifically speaks to this, so I'm beginning to think I've been wrong in my assumptions all these years. I was taught many moons ago when I was learning contracting that in order for a clause to be inserted into a task order that it also had to be included in the basic contract and if it wasn't, that the basic contract needed to be amended before it could be included in a task order. Has anyone else "grown up" under this assumption and if so do you have a reference of where this is specified?
  2. Scenario: A Contractor is awarded an Indefinite Delivery Requirements Type Contract for services (various types of Instructors that will teach specific classes) whereby the contract is awarded subject to FAR 52.232-18- Availability of Funds, and the Government must issue task orders to actually order and fund the services. The contract includes CLINs for each Instructor, and vendors had to provide a fully burdened fixed hourly rate for each Instructor that would teach the classes. Question: Must the Contractor hire Instructors and submit the Instructors for Government required background checks before such time as the Government issues a task order and obtains funds? At the solicitation phase, vendors were not required to submit credentials of personnel, nor were vendors required to have any Instructors on staff. My concern is that the Government is requiring the Contractor to perform and to incur costs for a contract that is not funded, and when no orders have been issued. The Government says that furnishing personnel for the background checks is not really "performing" because the classes will not be taught, and is instead a condition of the contract. Even if furnishing personnel for the background checks is a condition of the contract, must a Contractor meet this condition when the contract is not funded, and is subject to FAR 52.232-18- Availability of Funds?
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