We are doing a Limited Source Justification (LSJ) in accordance with FAR 8.405-6(1)(i.)(C) - In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.
Our requirement meets the above; however, our policy department is requiring that we do a Determinations and Findings for going over the 5 year limit - FAR 17.204(e) - Unless otherwise approved in accordance with agency procedures, the total of the basic and option periods shall not exceed 5 years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies. These limitations do not apply to information technology contracts. However, statutes applicable to various classes of contracts, for example, the Contract Labor Standards statute (see 22.1002-1), may place additional restrictions on the length of contracts.
At FAR 17.2014(a) it states, The contract shall specify limits on the purchase of additional supplies or services, or the overall duration of the term of the contract, including any extension.
The use of the LSJ will definitely take us over the 5 years (we have already used the FAR 217-8 Option to Extend Services clause for a six-month period. We've never had to do one before as I believe the authority to do the LSJ is sufficient for going over five years. Does anyone have experience in the same situation or interpret this differently?
Also, does anyone have thoughts for also having to do a D&F for going over 5 years using the FAR 217-8 clause if it takes it to 5 years and 6 months?
Thank you