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  • Question

    Is there a limitation on the PoP extension that we can modify the task order by?


    Answer

    At the Federal level (FAR) there is “NO” quantitative limit or percentage that defines a period of performance extension a cardinal change (i.e “out-of-scope”).  However, many times local contracting or procurement organizations have developed local policies and procedures dictating modifications of a certain dollar or PoP percentage increase/decrease as out-of-scope; requiring either a J&A or a new contract vehicle.  That is fine as these organizations have the authority to develop these policies so long as they do not relax any FAR requirement.
     
    When a “scope” decision reaches the Courts or Boards, the litmus test they use comes from CICA and case law.  It basically goes like this:  1) was the change reasonably contemplated at the time of the award? And 2) If the change was known, would it have altered the field of original competition?
     
    In my opinion, based on the limited information provided, a contract modification extending the PoP would certainly be appropriate.  See FAR 43.103(a)(3). 
     
    Finally, we have answered scope determinations many, many, many times here at AAP before.  If you’d like, you may use our search function and read much more about similar scenarios to yours.


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