- Can Directorate A move funding to Directorate B allowing Directorate B to modify Company BB's A&AS contract to allow the unique talent to support Directorate A
- IF YES, which Directorate, A or B does the funding apply against which cap?
- IF YES/NO, hardest question - where in the DFAR does it state this can/cannot happen?
This situation should not be viewed as much in organizational terms but rather in contractual terms. The contract is legally between the US Government (not Directorate A or Directorate B) and the contractor. If Company BB agrees via bilateral modification to changing the scope of its Directorate B contract in order to perform work for Directorate A, I don't see any conflict with the FAR, DFARS, or DoD Financial Management Regulation. Generally speaking, you don't need authorization from the FAR or DFARS to perform a specific contracting action if it makes good business sense and is in the best interest of the US Government.
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