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    If you have a cost and schedule overrrun can you extend the POP beyond the contract expiration? If so, do you have to do a Justification. The work is within scope of the contract but the POP is not


    Answer

    Scope considerations are more than just the work  being performed.  There are several additional factors that must be considered before determining the appropriate path of action.  First, was the contract awarded competitively or sole source.  If it was competitive, you need to consider whether extending the schedule and adding to the ceiling changes the original competitive environment - if it does, then you will need to support the extension with some kind of sole source justification.  If the contract was awarded sole source, you need to review the content of the original J&A to determine it the changes fall within the limitations set forth in the J&A, if they do not, then you may need to revise the J&A or write a new one. 

    If the contract is for services, you also need to consider whether you are up against the time limitations set forth in
    FAR 17.204 (e) Unless otherwise approved in accordance with agency procedures, the total of the basic and option periods shall not exceed 5 years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies. These limitations do not apply to information technology contracts. However, statutes applicable to various classes of contracts, for example, the Service Contract Act (see 22.1002-1), may place additional restrictions on the length of contracts. 

    We recommend that you review the entirety of
    17.204 and DFARS 217.204 for DOD for additional applicability.  Finally, if your contract contains the clause at  52.217-8 -- Option to Extend Services, this will allow you to extend the term not to exceed six months, however you would still need to consider the  impact of the added funding.  So all of these factors must be considered and addressed in order to determine the most appropriate actions for this contract.


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