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    As a contracts officer can I place orders on the BOA that exceed the BOA ceiling? If the efforts are cost plus contracts and an over run takes place an drives me over the ceiling what happens then? Is the BOA ceiling the issue or the J &A the issue?


    Answer

    This answer is provided based on the facts of the situation as present in the question.  We recommend you get contracting officer and legal advice as appropriate.
     
    We are making two assumptions that affect the nature of the response.
      1) This is not awarded form the GSA schedule using FAR part 8 requirements
      2) This is a multiple award BOA (you state your BOA is with industry).
    Another point to note is that BOAs do not have ceilings.
     
    It states in FAR 16.703 -- Basic Ordering Agreements
    (d) Orders. A contracting officer representing any Government activity listed in a basic ordering agreement may issue orders for required supplies or services covered by that agreement.
      (1) Before issuing an order under a basic ordering agreement, the contracting officer shall --
      (i) Obtain competition in accordance with Part 6;
      (ii) If the order is being placed after competition, ensure that use of the basic ordering agreement is not prejudicial to other offerors; and
      (iii) Sign or obtain any applicable justifications and approvals, and any determination and findings, and comply with other requirements in accordance with 1.602-1(b), as if the order were a contract awarded independently of a basic ordering agreement.
      (2) Contracting officers shall --
      (i) Issue orders under basic ordering agreements on Optional Form (OF) 347, Order for Supplies or Services, or on any other appropriate contractual instrument;
      (ii) Incorporate by reference the provisions of the basic ordering agreement;
      (iii) If applicable, cite the authority under 6.302 in each order; and
      (iv) Comply with 5.203 when synopsis is required by 5.201.
    There is no FAR language requiring the establishing a ceiling (nor is there a DFARS reference). 
    If the ceiling is an internal document, you arguably have not restricted your options.  If your organization wrote into the BOA a ceiling, you may have limited yourselves.  We recommend you ask your competition advocate and policy group for local and USN guidance.  We are not sure a J&A is really required as you have (it appears) limited competition.  We would suggest a D&F explaining clearly that you are exceeding an internal threshold and the reason you think it sensible to continue ordering through this vehicle.
     
     
     

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