I would check with your legal department on this to be safe.  But as a suggestion:  We would request a no-cost modification to the contract with only an extension in the dates with no change in scope to allow the work to go to completion within an extended period of performance.  This should not have to be re-evaluated or re-awarded if it has no change in funds or scope.  Obviously, both parties have to agree to the change.

Thank you,  Susan

Susan L. Erdman
Contract Administrator, ERAU
Corsair Bldg 202J
Office of Sponsored Research Administration on ERNIE
P: (386) 226-7034, F: (386) 226-7937
Email: xxxxxx@erau.edu

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Lambert, Bill
Sent: Monday, May 12, 2014 4:18 PM
To: xxxxxx@lists.healthresearch.org
Subject: [RESADM-L] Contracting Question

I have run across an interesting situation and would appreciate any advice from this group on the issues.

We have a current cost incurred contract in place with a local municipality that is due to end in the next 45 days or so.  The work was late starting and will not be completed by the contract end date.
Both the PI and the program office are aware of the issues and have both agreed that the work remaining needs to be completed after the end date of the contract.  The issue is that the legal authority for the municipality believes that extending the date of the contract is "illegal" and that the contract would have to be re-evaluated and re-awarded if it was to continue after the current end date.

The program office would like for us to bill the remaining balance of the contract, roughly 1/3rd of the total award, before the end of the contract as it currently exists with the understanding that the work will be completed as planned and the necessary deliverables submitted at the completion of the data analysis.

Any suggestions?

Thanks,

Bill

Bill Lambert
Assistant Dean for Research Administration Rollins School of Public Health Emory University

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