Contracting Officer

Presumably, you have already determined that the change is within the general scope of the contract.  If that is the case, what would prevent you from issuing a modification to the TO?  Is there some question as to whether it is in fact within the general scope of the contract so that it is a valid change?

Yes, if the change fits within the Changes clause of the contract, you can do a modification with a higher dollar value than the value of the original order.

Work is within scope; funds are available and is a “Bona Fide Need.”

Do the MOD.

ji20874 said:

Yes, if the change fits within the Changes clause of the contract, you can do a modification with a higher dollar value than the value of the original order.

Thank you.

On 4/21/2020 at 1:57 PM, Denise Lopez said:

The TO was awarded at a total cost of $288K.  The agency wants to do an in-scope change to increase funds, which will, one, complete the work currently being done...

I'm wondering whether the TO was FFP and whether somebody just covered the contractor's overrun. Presumably not the case, but I wonder ....

Yes, the described scenario is somewhat obscure (unclear or uncertain).

The answer I gave is correct -- there is nothing in the FAR that limits an equitable adjustment amount in comparison with the contract price.

However, that does not mean I am recommending that course of action.  I do not know the underlying facts, and I do not know if original poster's understanding of fundamental principles or definitions is sound.  

The original poster cannot rely on my answer as cover to do what she wants.  She has to make her decision based on the facts along with correct principles and definitions -- and sound business judgment needs to figure in as well.

After re-reading the original post, the description of the action is extremely obscure.

If this is a single award ID/IQ, one has a lot of flexibility. Also, we on’t know how the task order is priced, e.g., lump sum FP, unit priced with estimated quantity, time and materials, cost reimbursement, etc.

The requiring activity underestimated the number of hours required to complete the current effort. In addition, they want to either expand the current work or perform work related to the current work. That’s pretty much all that is known.

As H2H wonders, it isn’t clear, to me at least, if the contractor is entitled to a price adjustment for the current effort.

The title of the thread is pretty cryptic for that matter. “Contracting Officer”?  Shades of the DAU’s  “Ask a Professor” site. 😁