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  • Question

    - 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? Thank you.


    Answer

    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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