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  • Question

    Can this contract be modified to change the contract number and period of perform to reflect the current contract? Are we required by law to terminate the task order and reissue it under the current contract?


    Answer

    You can not issue a task order against an expired contract.  Consult your counsel for advice as how to handle your situation.  If your current contract is with the same vendor as the expired contract and was in place at the time you issued the order against the expired contract, you should be able to modify the contract number on the order to reflect the correct contract number.  Otherwise, your order is not a valid order as there was no contract in place to order off of.  If the date of the contract is after the order date, I would again consult your counsel as to what you can do as you may be in an unauthorized committment situation as the cotracting officer, while having authority to award a contract, does not have authority to issue an order off of an expired contract.   

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