Minnen Posted January 31 Report Share Posted January 31 I have a situation where a CO signed a base and two option year contract for $150K, but the CO only has a warrant for $100k. The base year is $50k and each option is $50k, for a total of $150k. The contract was recently signed and is still in the base year. Is it possible to avoid an unauthorized commitment is the CO does a mod to remove the last option year? Or is the UC has already occurred when the CO signed awarded the contract above his warrant level, even though the government hasn't made payments above his warrant level yet, as it's only committed to the base year thus far. If it is an unauthorized commitment, would it be for the full $150k or just the option years for a total of $100k? Quote Link to comment Share on other sites More sharing options...
C Culham Posted January 31 Report Share Posted January 31 I believe your situation is very fact dependent. Noting this I just posted this on another thread. " For a fun read do a search on this - 2023 Contract Attorneys Deskbook.pdf - then search the deskbook for "unauthorized commitment"." Quote Link to comment Share on other sites More sharing options...
Minnen Posted January 31 Author Report Share Posted January 31 @C Culham thanks for the response. I tried searching within that document but couldn't find it. Can you please post it here? Thanks Quote Link to comment Share on other sites More sharing options...
formerfed Posted January 31 Report Share Posted January 31 36 minutes ago, Minnen said: @C Culham thanks for the response. I tried searching within that document but couldn't find it. Can you please post it here? Thanks Here you go Quote Contract attorney deskbook Pages 3-10 through 3-14 Quote Link to comment Share on other sites More sharing options...
Minnen Posted January 31 Author Report Share Posted January 31 Thank you @formerfed and @C Culham. I guess nobody has a quick response, huh? Lol Quote Link to comment Share on other sites More sharing options...
Minnen Posted January 31 Author Report Share Posted January 31 This book is really good! Thanks a bunch @C Culham Quote Link to comment Share on other sites More sharing options...
formerfed Posted January 31 Report Share Posted January 31 This has happened in a couple instances I’m aware of. In both times it was documented as an administrative oversight. A senior contracting official (HCO and HCA) remedied it. In one instance the CO warrant was revised to include the higher amount. In the other instance, the contract was modified to designate another CO with the proper level. A lot really depends on the exact language in the warrant. Without knowing what the warrant says, we are just speculating. Quote Link to comment Share on other sites More sharing options...
C Culham Posted January 31 Report Share Posted January 31 10 hours ago, Minnen said: This book is really good! Thanks a bunch @C Culham You are welcome. Quote Link to comment Share on other sites More sharing options...
Don Mansfield Posted January 31 Report Share Posted January 31 13 hours ago, Minnen said: I have a situation where a CO signed a base and two option year contract for $150K, but the CO only has a warrant for $100k. The base year is $50k and each option is $50k, for a total of $150k. The contract was recently signed and is still in the base year. Is it possible to avoid an unauthorized commitment is the CO does a mod to remove the last option year? Or is the UC has already occurred when the CO signed awarded the contract above his warrant level, even though the government hasn't made payments above his warrant level yet, as it's only committed to the base year thus far. If it is an unauthorized commitment, would it be for the full $150k or just the option years for a total of $100k? How do you know that their warrant is limited to $100k per action including options? Quote Link to comment Share on other sites More sharing options...
C Culham Posted January 31 Report Share Posted January 31 @Minnen As I follow threads things are triggered in my head. Here is another reference you might find interesting. It is reminder one can find some subjects already discussed at length in WIFCON. Quote Link to comment Share on other sites More sharing options...
Minnen Posted February 1 Author Report Share Posted February 1 Excellent @C Culham. Thanks again everyone! Quote Link to comment Share on other sites More sharing options...
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