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  • Question

    Within a Requirement type contract, can a Funding Task Order' POP be extended through a bilateral modification? The Funding task order is within the POP of the Requirement. If yes, what authority would allow me to do this? or should I have to issue a new funding task order every time the funding task order expires? I know the requirement contract POP can be extended through FAR 52.217-8 Not longer than 6 months; but this clause would not give me authority to extend a POP of a funding task order. In advance, thank you for the guidance.


    Answer

    Because this is a “requirement” indefinite delivery contract; we are confident in assuming there was only one awardee and basic contract. We will also assume that the change (increasing the period of performance (PoP)) of a task order is within the general scope of the contract and that no other changes in scope (e.g. type of work, skillset or tools required, etc.) are being added. But the question submitter should confirm this before reading further.

    Correct, FAR 52.217-8 would not be used to extend a task order. That would be used to extend the basic contract ordering period if the situation arose.

    So, in general, we would say that “yes, there is the potential you can extend a task order PoP with a bilateral modification.” But unfortunately, we cannot provide a definitive answer to your question as not enough information was provided. The reason for the PoP extension is the prime driver to determine what if any contract clause or other term and condition can be used as the authority for the modification. Example: was there a government caused delay or a stop work order issued, etc.? Then there are clauses that could be used as the authority to extend the PoP. Also not known is if this is a commercial contract (see FAR 52.212-4(c)).

    But you are in luck; DAU has a fantastic tool called “Contract Modification Authority Decision Help Guide”. This not only provides a cool flow chart to determine which part of Block 13 on the SF30 should be used, but it has attachments that identify almost all of the FAR and DFARS contract clauses that include language which authorizes some type of change to the contract.

    It can be found at this url: Contract Modification Authority Decision Help Guide (dau.edu)

    Finally, if no other term and condition in your contract could be used and the change is within the general scope of the contract, there is also the guidance found at FAR 43.103(a)(3).

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