IDIQ/TO Overruns
Started by BorderC · Jul 21, 2014 · 3 replies
- BOriginal post
BorderC
Jul 21, 2014 · 11y ago
I'm looking to see if there is a "right" or even "best" answer out there.
Background: 100% single-award, IDIQ contract comprised completely of (multiple) CPAF task orders and 52.232-22 is incorporated at the contract level (for administrative purposes, funding is at the contract level and not the individual task order level).
With the above facts, lets say that the contractor is overrunning some orders and underrunning others, but the net is an underrun. Would the steps for overrunning in 52.232-22 apply? Meaning, is the contractor accountable at the task order level (and TO overruns require additional allotment by the CO to complete work) or at the contract level (where there is no overrun).
Thanks all. I appreciate the advice and guidance.
(Sorry if this has been discussed previously. I searched and didn't see anything with the above fact pattern.)
- G
Guest Vern Edwards
Jul 22, 2014 · 11y ago
Ask the contracting officer. The language of the clause applies it at the contract level, not the TO level. However, the boards of contract appeals have issued conflicting decisions. On at least one occasion the ASBCA has held it to apply at the order level. See Manos, Government Contract Costs and Pricing, Sec. 85:7.
- B
BorderC
Jul 25, 2014 · 11y ago
Thank you very much for your answer. That is a very expensive set of books. I wish there were more reasonably priced resources....
- G
Guest Vern Edwards
Jul 25, 2014 · 11y ago
Me too.