Jamaal Valentine

@Constricting Officer There are several references that provide exceptions for SAT/SAP. For example: https://www.law.cornell.edu/uscode/text/10/2304 CICA is covered in several places in the U.S.C.

Where is 'fiscal year' mentioned in the option language or in the post for that matter? The option clause gives a timeline for a preliminary written notice (at least 60 days before the contract expires). What does within 5 days mean, biases aside, based on the clause as written above? Within 5 days of what? (we both know what training and experience says it's supposed to mean) Logical: expected or sensible under the circumstances.

As written, I would say it means within 5 days of the preliminary written notice.

@Guardian You may enjoy Chrysti the Wordsmith's radio show. It's a quick two-minute segment on words: "Since 1990, Chrysti the Wordsmith has been plumbing the depths of dictionaries obscure, arcane and pedestrian to craft word and phrase histories for her radio audience."

FORUM RULES AND TERMS OF USE --

@ContractingMichelle Is the work 'out of scope' of the competition (base IDIQ and task order); and the contract (base IDIQ and task order)?

Works for me...I like it!

@napolik I don't remember what the 'it' was or what I was getting at ... I think I was referring to the FAR's requirement that contracting officers comply with all rules (laws, regulations, procedures, etc.); and the federal and DoD rules that require agencies to record the obligation of the minimum quantity at the time of contract award. Those rules have been cited several times in this thread (e.g., case law, GAO Redbook, DoD FMR). I don't think that's a controversial statement. Is it?

"Obligation A definite commitment that creates a legal liability of the government for the payment of goods and services ordered or received, or a legal duty on the part of the United States that could mature into a legal liability by virtue of actions on the part of the other party beyond the control of the United States." COs create obligations (legal liabilities) within their delegated authority.

@joel hoffman I honestly can't make heads or tails out of the details I would need to make a decision (exercise the 9 CLINs and be done). However, I thought Guardian got his/her answer a while ago and that's all that matters to me. This thread started out confusing and gained momentum with all sorts of opinions and sidebars added in just for fun (often the case here and I'm guilty of it). For example, I don't know where you came up with there being 'no need'... I only recall the OP saying they didn't have funding. It's okay though; Guardian seems satisficed.

I'm retiring from this thread. My head and heart hurts.

FAR does require it (the clear requirement- and exception to citing the accounting classification is for data elements in line items and subline items). But let's say FAR doesn't expressly convey the obligation of funds recording requirements...maybe its because recording is a comptroller function and comptrollers have their own book(s) of rules. Also, FAR includes a provision that contracting officers must comply with these other rules: "no contract shall be entered into unless the contracting officer ensures that all requirements of law [statute or case law], executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met."

Can we get a recap? Is the question whether or not IDIQ minimum guarantees need to be 'funded'? Also, are we talking DoD contracts or federal contracts in general?

From one of Carl's references: "Give GAO B-308969 dated 31 May 2007 (http://www.gao.gov/decisions/appro/308969.pdf) a read. It states rather unequivocally: "An agency must record an obligation against its appropriation at the time that it incurs a legal liability for payment from that appropriation. B-300480.2, June 6, 2003; B-300480, Apr. 9, 2003; 42 Comp. Gen. 733, 734 (1963)... " (bold added)

@Guardian This may be painful, but remember you asked for it. What are the differences? (noting that “option” means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.) Are you simply distinguishing the option (unilateral right) from the period (term of the option)? FAR Subpart 17.2 references options, option quantities and periods. Let's start with the rules. FAR 4.1003 establishes requirements for separate line items. FAR 4.1005-1 outlines the data elements for line items; paragraphs ( c ) & ( d )--in particular--relate to options. Pair this information with the information, and common methods, at FAR 17.204. How does your contract identify the options under 52.217-9? (FAR 17.204(f)(1), (2), or (3)...maybe (g) or something different) FAR 17.204(f)(3) seems to apply because you provided that you have: You should be getting closer to refining (or defining) what an option is pursuant to your contract clause. (a unilateral right to exercise the identified schedule CLINS in strict accordance with their terms...but what are their terms? Synthesizing your contract terms & conditions including the schedule CLINs and option clause (52.217-9) will tell you) Presumably your option clause states (1) a preliminary notification requirement; and (2) a period within which the option(s) may be exercised. If you've satisfied these and the options are separately identified why wouldn't the contract terms provide the government the unilateral right to exercise all, some, or none of the options in strict accord?