May a MIPR sent from one DoD activity to another DoD activity antedate performance of reimbursable work? And what is the basis in law or regulation that allows or prohibits this?
1. The period of performance on a MIPR reflects the allowable timeline for the work to be performed PROVIDED funds have been appropriated at the time the MIPR is approved. You should have received a funding authorization document (FAD) or a system notification that funds are available for obligation. A contracting officer cannot send a MIPR to an organization/contractor without proper notification that funds have been appropriated and are available for use. A 12-month timeline is reasonable for a service type contract. Administration lead-time of up to 30 days it not unreasonable. This allows for the budget and contracting personnel to prepare the document, staff it through the appropriate offices to receive its final signatory approval. Budget personnel can prepare a MIPR with a statement that says "subject to funds availability" which allows the contracting officer to work up to contract award. This could alleviate some of the administrative time to reach award sooner. However, work cannot start before funds are available and the MIPR has been accepted by the contractor.
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If this is a severable service contract, statutory provision (PL 105-85, Sec. 801 and Title 10 US Code 2410a), it is allowable to fund in one fiscal year and end in the next fiscal year, not to exceed 12 months. So technically, the contracting officer could amend the MIPR to show period of performance from 20 Oct 2016 - 19 Oct 2017 provided funds are in place by 20 Oct 16 but generally, this is not the practice. With all recommendations, please refer to your Service Comptroller for specific guidance on this issue.