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Electronic Transmittal (ET) No. 08-01, Supplement No. 01
Contractor Notification of Funding
Limitations under a Continuing Resolution (CR) during Fiscal Year 2008

Expires: December 14, 2007, or, upon enactment of the FY 2008 Energy and Water Development Appropriations Act, if signed sooner. Should the CR be extended or a new CR enacted, this guidance will be updated by an ET supplement.

November 16, 2007

To: Regional Director, PN, MP, LC, UC, GP
   Attention: 84-27810 (Eckelberg), PN-3700 (Ford), MP-3800 (Keith),
LC-3100 (Nelson), UC-800 (Ward), GP-3800 (Worley)
From: Karla J. Smiley /s/ Steve Eckelberg (Acting For)
Manager, Acquisition and Assistance Management Division
Subject:

Electronic Transmittal (ET) No. 08-01, Supplement No. 01 - Contractor Notification of Funding Limitations under a Continuing Resolution (CR) during Fiscal Year 2008
  1. Purpose: This ET transmits guidance for use in the award and administration of contracts during the fiscal year (FY) 2008 Continuing Resolution. It does not apply to service contracts under which performance is begun and completed during the period of the CR.
  2. Effective Date:This guidance is effective November 17, 2007.
  3. Expiration Date: December 14, 2007, or, upon enactment of the FY 2008 Energy and Water Development Appropriations Act, if signed sooner. Should the CR be extended or a new CR enacted, this guidance will be updated by an ET supplement.
  4. Background:
    1. The President signed continuing resolution H.R. 3222 on November 13, 2007 as Division B to the Defense Department Spending Bill, which maintains spending at fiscal 2007 levels through December 14, 2007. This bill was enacted as public law 110-116 on November 13, 2007.
    2. While Reclamation operates under the CR, notification must be provided to current contractors, and special clauses must be included in new contracts (including purchase orders); modifications to existing contracts which extend the contract performance period; and other contract actions which obligate only partial funding under the CR. To ensure uniform notification is given to contractors informing them of their rights and responsibilities during the effective period of the CR; and to allow for timely payment of invoices during this period, the guidance in this memorandum shall be followed by all contracting offices.
  5. Explanation of Changes:
    1. The attached clauses (attachment 1 and attachment 2), entitled "Limitation of Government's Obligation under the Continuing Resolution," have been developed to formally provide notification of the CR. Also attached (attachment 3), is a copy of a letter which can be used to notify a contractor of restricted funding under the CR.
    2. All contractors with on-going contracts 1) which extend beyond FY 2008 and 2) for which FY 2008 funding will be provided; must be notified of funding restrictions under the CR.
  6. Action Required:
    1. Regional acquisition offices should distribute this memorandum to all regional acquisition and sub-buying personnel.
    2. Contracting Officers shall:
      1. Insert the attached clause(s) into all purchase orders; contracts; and contract modifications to exercise options to be funded under this authority.
      2. Send written notification using the attached sample notification letter (or a letter containing similar language) to all contractors with existing contracts containing any of the clauses at Federal Acquisition Regulation 52.232-18 through 52.232-22 that are to be funded under this authority.
    3. If regional management determines that certain existing service contracts must continue past the current, or any extended, CR expiration, the available carryover funds may be used for this purpose. In such instance, a bilateral contract modification shall be issued (pursuant to the authority of mutual agreement of the parties), which increases the funds allotted and the period for allotment. The modification should clearly indicate that the additional funds being added are carryover monies and not CR money subject to the clauses contained in this guidance.
  7. Point of Contact: Vicki Cook at 303-445-2443 or by email, vcook@do.usbr.gov.
Attachment 1
Attachment 2
Attachment 3
 
cc: 84-27760 (Martinez), 84-27800, (Cook, Schmidt, Terrell), 84-27810 (Cody), PN-3702 (Hedeen), MP-3800 (Heitz, Steele, Yamamoto), UC-800 (Durrant), UC-820 (Postell), UC-840 (Nelson), GP-3800 (Woegens)