We have a FFP contract that will require an additional 8 months of work. The KTR will be using OT. We do not have a OT CLIN but we do have a Surge CLIN. Could we possibly use the Surge CLIN for this work.
Interesting question. Background, assumptions, and references:
We are going to assume that the inclusion of the Surge CLIN means your contract contains the clause DFARS 252.217-7001 and that all determinations and findings to include this option were accomplished in accordance with agency procedures.
Depending on when your contract was awarded; the clause did change as a result of DFARS Case 2018-D025 in 2018. Again, we will assume this is the version of the clause you have in your contract. This clause is incorporated into contracts that support industrial planning for selected essential military items in the event of a national emergency.
See: FAR 17.207, DFARS 217.208-70(b), DFARS PGI 217.202(3), and DFARS 252.217-7001.
If the additional work meets the intent of the references above, then “yes” we see no reason why this CLIN could/should not be used. Follow the procedures at FAR 17.207 and the other references above, especially DFARS 252.217-7001(c).
Based on the nature of the question (e.g., using (OT) overtime), our final assumption is that the Surge CLIN price was not previously agreed upon. DFARS 252.217-7001(d) provides the guidance on how long the contractor has to submit a price proposal for this effort. Additionally, be sure to follow any labor law requirements prior to exercising the option (e.g., Service Contract Labor Standards, see FAR subpart 22.10) if applicable.