The questions is can the Government legally exercise an option and fund the option year with a separate MOD waiting for the certify PR&C?
It would depend on what the funds are that you would be using in the MOD. If you are wishing to have a "bridge" contract or order temporily, you may be able to justify issuing a MOD, but the money would still need to be the correct funding. In other words, you need to comply with the rules governing the purpose, amounts, manner, and timing of the obligation. Before issuing the MOD, recommend discussing this with your legal counsel and/or comptroller to determine whether it would be appropriate to use the funds you intend to use. You should also fully document your decision and rationale for doing what you are doing and using the funds that you are using.
Open full Question Details