Situation:
PCO awarded TO to Acme Inc in February of this year with base period through 30 September and four 1-year option periods.
I was named ACO in April.
It’s now time to start the paperwork to exercise the option period beginning 1 October.
I was just notified by Acme Inc their GSA K expired 31 July and they have a new contract number under a different DUNS and Cage, as well as now being Acme LLC (a subsidiary of Acme Inc).
I’ve read references at GSA, Ask A Professor, and here at Wifcon.
GSA pretty clearly says I can’t exercise the option:
“26. Options on Orders Placed Against GSA Multiple Award Schedule (MAS) Contracts Options may be included on orders placed against GSA Multiple Award Schedule (MAS)contracts, provided that the options are clearly stated in the requirement and are evaluated as part of the ordering activity's best value determination. Such options may be exercised on GSA Schedule contract orders, provided that:
Funds are available;
The requirement covered by the option fulfills an existing government need;
Prior to exercising an option, the ordering activity ensures that it is still in the government's best interest, i.e., that the option is the most advantageous method of fulfilling the government's need, price, and other factors considered; and
The options do not extend beyond the period of the Schedule contract, including option year periods
.
The length of the order and the risk to the ordering activity could be considered as part of the overall evaluation of best value.”
(I
bolded
for emphasis)
Ask A Professor is not useful, as I could only find an old reply (2007) that didn’t apply to these circumstances well.
Here at Wifcon I found a lot of information, some of which applies very well. In particular, Those Pesky IDIQ Contracts Again (http://www.wifcon.co...2&showentry=644) addresses key issues regarding the Indefinite Delivery and Ordering clauses. However, as the pertinent basic K is expired, I don’t have access to it and can’t review those clauses and their all-important dates. I could assume from GSA’s guidance quoted/bolded above, those dates would not permit me to exercise.
I suppose since it’s a TO against a GSA contract, their rules prevail. But I’m stubborn and that doesn’t make any sense! That policy would essentially make lame ducks out of any GSA contract holders with less than the desired service contract term (often 5 years) remaining. Or is this simply a limitation of placing TOs against GSA contracts we all need to live with?
Thanks.