I am reviewing an acquisition that is a planned SIX year IDIQ. The contract will be awarded competitively and up to two vendors will be selected. The first 2 years are for a development effort. At the end of those two years there will be a down-select and a single vendor will be chosen for the remaining 4 year production. This is not a contract for advisory and assisstance services.
My issue is that I cannot find any authority to proceed with an IDIQ that exceeds 5 years and does not have any options. I am very familiar with the regulations (FAR 17.204, DFARS 217.204, AFARS 5117.204) and I do not think that the contracting officer can even rely on this part since there is no inclusion of an option.
I have tried looking in FAR part 16, but I cannot find anything regarding an IDIQ exceeding 5 years without utilizing an option or modification.
My current stance is that one of the following must be done:
1) set the contract up so that this is a 5 year effort with 1 option year or
2) break up the contract into two separate vehicles (1 for development and 1 production).
These options have not been well received by the contracting team. Is anyone aware of anything statutory or otherwise that will permit an IDIQ for more than 5 years??