Can we make changes to the work required by each order and can POPs be extended? Or are the task orders essentially frozen because the BOA has expired?
Referring to FAR 16.703(a), we see that a basic ordering agreement (BOA) itself is not a contract, however when orders are placed, each one becomes a contract in accordance with the terms and clauses contained in the BOA and the order.
You have stated that your BOA has an expiration date which means that no more orders may be placed after that date unless the parties agree to extend the date and it is within the contracting officer’s authority to do so. However, regardless of the expiration date of the BOA, the contracts (orders) written under that BOA have their own delivery schedule or completion date.
Normally contracts (orders) do not specify an expiration date, per se. Instead, DFARS 204.7103-1(a)(3) says:
“Separate delivery schedule. Each contract line item or service shall have its own delivery schedule, period of performance, or completion date expressly stated (“as required” constitutes an expressly stated delivery term).”
There may be times when it is necessary to extend the contract delivery schedule or completion date as a result of changes that are within the general scope of the contract and are the type allowed by the applicable changes clause or other authority within the contract. So, to answer your question, you should be able to make changes to the work and modify the delivery schedule or completion date as necessary, when making those types of authorized changes.
This answer is based on the limited information provided, as we do not have all the facts pertaining to your situation. Therefore, we highly recommend that the contracting officer and legal counsel come to an agreement on how to proceed with this issue.
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