UCA - Required Contract Clauses

Started by here_2_help · Aug 15, 2017 · 6 replies

h
here_2_help
Aug 15, 2017 · 8y ago
Original post
Client received a UCA with funding in excess of $750,000 from a DOD component via Form 1155. The UCA contained only the following clauses: 52.230-20, 52.216-24, 52.216-64, and DFARS 252.217-7027. There were no other contract clauses in the UCA.

Am I supposed to read-in required clauses via Christian Doctrine? For instance, should the CAS clauses be read into the contract? If not, why not? If yes, which clauses are assumed to be part of the contract and which ones were intentionally omitted?

Thanks
G
Guest Vern Edwards
Aug 15, 2017 · 8y ago
What kind of undefinitized contractual agreement? An unpriced purchase order? Something else?
h
here_2_help
Aug 15, 2017 · 8y ago
Vern,

Good question. Block 17 of the 1155 says "delivery/call" and references a BOA. I guess I'll go read the BOA to see if there are more contract clauses that should be read into the UCA.

Thanks
j
ji20874
Aug 15, 2017 · 8y ago
It seems you received an order under a BOA.

There are no clauses to be "read into the UCA." Any clauses that apply should already be in the order itself or in the BOA.

Regarding the pricing of the work, you will want to read FAR 16.703(d)(3).
h
here_2_help
Aug 15, 2017 · 8y ago
Thanks all. The sequence of events went like this:

Me: I want to see the contract, especially Sections H and I, to see what it says.

Client: Here's the contract (Form 1155). There is no Section H or Section I.

Me: ??

Client: That's what we received.

Me: WIFCON help me.

WIFCON: Read the BOA

Me: Thank you.
j
ji20874
Aug 15, 2017 · 8y ago
The order (DD Form 1155) that references the BOA should incorporate by reference the provisions of the BOA -- see FAR 16.703(d)(2)(ii).

I'm just wondering...
- Is there really a BOA?
- Is this a DPAS rated order that the contractor must accept?
h
here_2_help
Aug 15, 2017 · 8y ago
ji20874 said:
The order (DD Form 1155) that references the BOA should incorporate by reference the provisions of the BOA -- see FAR 16.703(d)(2)(ii).

I'm just wondering...
- Is there really a BOA?
- Is this a DPAS rated order that the contractor must accept?
The order references the BOA -- it states "Pursuant to the terms and conditions of the Basic Ordering Agreement (BOA) XXXX, this order is being awarded for ...."

Is there really a BOA? Yes.

Is this a DPAS rated order? Yes.