We understand the order has expired. Work is not completed. Legal review has stated we can move the effort to another order under the BOA. Since the FAR states, all orders placed before BOA expires can continue, we are not to concern with that issue. We also understand you can not have 2 orders under the same BOA for the same work. So the question is, how do we move the effort to another order seamlessly? We know the program office does not have several million in reserve to set up the new order without deobligating off the old order, but if we do the deobligations first, then we have a dead order (OLD Order) and nothing for the contractor to keep working until we set up the new order. Is there another option without going the UCA line? This actually started as a UCA.
This response is based on the information provided. We suggest you discuss with your contracting and finance team, program manager and/or legal department as appropriate.
The simplest, most efficient way to do this is:
1) Accept any/all deliverable items and/or tasks (that have been properly delivered/performed) from the expired order and ensure with the contractor that all payments have been billed and expenditures accounted for (liquidated from the contract)
2) Negotiate a new order with all tasks/deliveries from the expired order rolled forward
3) Do not sign the order
4) Negotiate closure of the expired order, with particular attention to what funds (type, use, etc.) are being deobligated
5) Sign and execute the deobligating order
6) Work with finance to ensure funds have been deobligated and are now available to be obligated on the new order
7) Sign and execute the new order