Scope Determination

Severable or entire?

Jacques, thank you! non-severable services.

Percentage is a wholly unreliable indicator of in-scope.  It could be 0.001% additional and be out-of-scope, or it can be 200% additional and be within-scope.  

Is it really "new" work?  Or is it a changed approach?  The former might suggest out-of-scope -- the latter might suggest within-scope.

Here's a link to an article that might be helpful:

http://smallgovcon.com/gaobidprotests/in-scope-vs-out-of-scope-modifications-gao-explains-the-difference/

Thank you.  The GAO case is a fantastic primer.  Much appreciated!

On 3/20/2020 at 2:48 PM, ji20874 said:

Percentage is a wholly unreliable indicator of in-scope.  It could be 0.001% additional and be out-of-scope, or it can be 200% additional and be within-scope.

Not add to, but to recognize ji's forward thinking. 

Every one in contracting wants to add a % factor to decisions (would make it easier for us), but it doesn't work. Changes in scope (in or out), fair and reasonable determinations on a set-aside (5% more too much?) and a thousand  others things is not currently applicable to our jobs. 

COs make decisions based on the best information they have at the time. Make the decision and move on as best you can being a reasonable and prudent person.

Thank you!

If you have access to a copy of “Administration of Government Contracts” , there is some good coverage of scope determination in it. Every acquisition professional involved in contract formation or contract administration should have a personal copy If their office “can’t afford” to buy one.

You can find a variety of GAO and Court of Federal Claims decisions and opinions at:  FAR 6.001:  Competition; Modifications, beyond the scope.  Excerprts are shown and links to the decision or opinion.

Gentlemen,

Thanks for all the input.  Much appreciated.