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    The following scenario was presented to DAU and their response is puzzling to me. I would like to verify that DAU meant what their response said becuase every other question in ask a professor says you cannot do this: Question and Answer Detail Title - Extending the POP on a Delivery Order after the expiration of the D.O. Question - Even though the delivery orders expired 4 months ago, can I still extend these D.O's due to the unforseen circumstances and is there a FAR clause that I should reference? Scenario - Basic Contract expires 31 Dec 2011. Delivery Orders expired December 2010. Contractor has requested a no cost extension to the Delivery Orders to complete tasks, due to an unforeseen act of God (flooding in Australia). Posted - 4/25/2011 1:10:00 PM Subject Area - Contracting -------------------------------------------------------------------------------- You should be able to do a bilateral modification at no cost to the Government to extend your delivery order. You can referene "Mutual Agreement of the Parties". Also, FAR 52.212-4 (f), Excusable delays for commercial items is a reference. If not a Commercial Item and under the SAP threshold, 52.213-4 has an excusable delay clause. Not sure of what your contract is, so you will want to look at your contract clauses to see if you can reference any of the clauses. Question: Our specific circumstance is a construction contract that someone inadvertently let expire without doing an extension. Do we have a contract after the expiration date or not? Work is still being performed.


    Answer

    It appears that your contract is over and that you have an unauthorized committment that you would have to then ratify. 

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