Busymom44 Posted August 30, 2022 Report Share Posted August 30, 2022 Agency received money for new data analysis. Current SOW has one on contract which was awarded in June 2022. This is a Ability One awarded without competition. The new SOW for the additional three days analysis is completely different than what’s on contract now. Can you change the SOW to make it what you want it to be? I hear this floating around the office that if the scope change is within 20% it can be done. I have found no regulations to support this. Final issue, the contract was awarded in June with a proposal that was over a year old. CO told contractor no worries we will mod the contract after award to fix this issue. Again, this price change was after award and was awarded via AbilityOne. What authority allowed this action to happen? They stated FAR 8.707 Link to comment Share on other sites More sharing options...
ji20874 Posted August 30, 2022 Report Share Posted August 30, 2022 Busy, Who are you in this story? An IG inspector? The contracting officer? The contractor? Has the change already been done? Or are you trying to get it done? "Can you change the SOW to make it what you want it to be?" I hope so. An agency should be able to order or negotiate changes to stay up-to-date. Who is objecting, the agency or the AbilityOne firm? Or, are they both satisfied but you are unhappy? I am not seeing any problem, based on the little information shared in the original posting. What do you think should have happened instead? Link to comment Share on other sites More sharing options...
Busymom44 Posted August 30, 2022 Author Report Share Posted August 30, 2022 Section Chief/COR on that contract contracting officer Link to comment Share on other sites More sharing options...
C Culham Posted August 30, 2022 Report Share Posted August 30, 2022 21 minutes ago, Busymom44 said: Can you change the SOW to make it what you want it to be? I hear this floating around the office that if the scope change is within 20% it can be done. I have found no regulations to support this. Directly to this thought any use of a certain percentage with regard to scope is a myth. Generally scope has many elements that are looked at including the material difference between the modification and the original procurement, and any changes in the type of work, performance period, and costs between the contract and as modified. Also did the original contract anticipate the type of change being considered. Also, admittedly without reference, since the procurement is with regard to Ability One I do not think the matter of scope is an issue. Why? Ability One procurements are exempt from the Competition in Contracting Act. I was putting my post together as others including yourself posted further. Ability One is different so as a COR remember changes, etc. are just a little different than your, what I will phrase, regular contracts. Best I can do with the limited information. Link to comment Share on other sites More sharing options...
Busymom44 Posted August 30, 2022 Author Report Share Posted August 30, 2022 Thanks! Link to comment Share on other sites More sharing options...
Busymom44 Posted August 30, 2022 Author Report Share Posted August 30, 2022 Coming from a world of competition, once a contract is awarded under AbilityOne, you can make any changes you want to the contract? Link to comment Share on other sites More sharing options...
C Culham Posted August 30, 2022 Report Share Posted August 30, 2022 23 minutes ago, Busymom44 said: Coming from a world of competition, once a contract is awarded under AbilityOne, you can make any changes you want to the contract? I would be a little more subtle with the statement. Any changes yes within the side boards of AbilityOne and not the general rules applied to competitive procurements. Link to comment Share on other sites More sharing options...
ji20874 Posted August 30, 2022 Report Share Posted August 30, 2022 54 minutes ago, Busymom44 said: ...once a contract is awarded under AbilityOne, you can make any changes you want to the contract? Are you (A) challenging or objecting to the changes, or (B) just wondering if "any" changes can be made? (A) You haven't described either the original work or the changes, so it might be that no one here can help you. (B) Yes, of course, changes can be made. Changes can be made in any contract, including AbilityOne contracts. Link to comment Share on other sites More sharing options...
Vern Edwards Posted August 30, 2022 Report Share Posted August 30, 2022 1 hour ago, Busymom44 said: contracting officer @Busymom44You are a contracting officer? Link to comment Share on other sites More sharing options...
C Culham Posted August 30, 2022 Report Share Posted August 30, 2022 3 hours ago, Busymom44 said: This is a Ability One awarded without competition. As I follow this thread I have an additional thought. I know I have provided general information about CICA and AbilityOne then I had this thought of recollection. Essentially AbilityOne has exclusive authority with regard to their program. There are very limited circumstances when GAO has stated they do have authority with regard to a protest and that is when an agency is procuring products and/or services properly or improperly from the program. In the competitive market a matter of scope is usually a concern with regard to risk of protest to GAO regarding adding the work. Going out on a limb with regard to the limited facts, if AbilityOne and their contractor believe that the work is okay to add then it probably is. As I considered this additional thought I re-familiarized myself with the FAR. I found this citation..... FAR 8.712 Specification changes. (c) For services, the contracting activity shall notify the AbilityOne participating nonprofit agency and central nonprofit agency concerned at least 90 days prior to the date that any changes in the scope of work or other conditions will be required. It is my view that the 90 day period gives AbilityOne the time to consider, and if agreed to, include the intended work within program acceptance parameters. Or otherwise determine it is okay to add the work as already allowed by the program parameters. All said, and inclusive of my comments made in this thread, I think I would be posing the question, noting that I think you have indicated that you are a COR, to the CO who one would hope is following the guiding principles of the FAR with regard to the AbilityOne program for a conclusive determination as to what is proper with regard to the instant procurement. Link to comment Share on other sites More sharing options...
Busymom44 Posted August 30, 2022 Author Report Share Posted August 30, 2022 Thanks so much for the clarification. Link to comment Share on other sites More sharing options...
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