Adding funding of a current call order

July 31? Sounds like your POP has already expired. Why not issue a new call?

pabner:

Are you new to contracting?

We are all probably going to need some more information to help you out. The first place to start would be with the BPA itself. Read it, find out how many awardees there are. Find out what the call order procedures are. Are you sure the services are non-severable?

Also, review FAR 13.303 and/or 8.405-3. Both sections cover BPAs. We'll help you here, but you'll have to do some research on your own.

37.106 -- Funding and Term of Service Contracts.

(a) When contracts for services are funded by annual appropriations, the term of contracts so funded shall not extend beyond the end of the fiscal year of the appropriation except when authorized by law (see paragraph (b ) of this section for certain service contracts, 32.703-2 for contracts conditioned upon availability of funds, and 32.703-3 for contracts crossing fiscal years).

(b ) The head of an executive agency, except NASA, may enter into a contract, exercise an option, or place an order under a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed one year (10 U.S.C. 2410a and 41 U.S.C. 2531).. Funds made available for a fiscal year may be obligated for the total amount of an action entered into under this authority.

(c ) Agencies with statutory multiyear authority shall consider the use of this authority to encourage and promote economical business operations when acquiring services.

32.703-3 -- Contracts Crossing Fiscal Years.

(a) A contract that is funded by annual appropriations may not cross fiscal years, except in accordance with statutory authorization (e.g., 41 U.S.C. 11a, 31 U.S.C. 1308, 42 U.S.C. 2459a, 42 U.S.C. 3515, and paragraph (b ) of this subsection), or when the contract calls for an end product that cannot feasibly be subdivided for separate performance in each fiscal year (e.g., contracts for expert or consultant services).

(b ) The head of an executive agency except NASA, may enter into a contract, exercise an option, or place an order under a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed one year (10 U.S.C. 2410a and 41 U.S.C. 2531). Funds made available for a fiscal year may be obligated for the total amount of an action entered into under this authority.

thanks for all the responses -

The service is expert consultant

A senior C/O suggested to add funding but its a mute point since the POP has expired

I'm creating a new order

Pat A.

Looking at your first post, you have not provided enough information. Prospective dollar value is important.

First, you are not adding funding, you are extending the period of performance, which will obligate additional funds.

Second, you say it is a contract for nonseverable consulting services. I wonder about that, but I'll assume that you know what you're talking about. If you are extending a contract for nonseverable services you are doing so either because (a) the contractor needs additional time to complete the task in which case you use funds of the year in which the contract was entered into or ( b ) you are adding work, in which case you would use current year funds. If the former, then the task is fairly simple. If the latter, then you have a new procurement on your hands and you have to conduct it like you would a new procurement of that prospective dollar value pursuant to the applicable FAR -- Section 8.405 or 13.303, or Part 15.

You now say that you are creating a new order. I presume that is because you think you have a new procurement.

The senior C/O suggested to add $10,000 and extend the POP to October 31st. The request is for $10,000 to complete the task that was originally contracted on

and the POP will be until October 31st. The request is for a new order.

Well, if the extension is to allow the contractor to complete the original task, why would you do a new order? That doesn't make sense (to me).