Capobian Posted March 11, 2009 Report Share Posted March 11, 2009 Got a "hypothetical" for you all: Okay, suppose you have a task order with a few option years under a GSA schedule. When it comes time to exercise one of the options, you discover that the schedule has expired and the vendor chose not to renew and is refusing to accept the exercise of the option saying they are unable to do so for the above reason. Ignoring the obvious boo boo, i.e. that the expiration date of the schedule should have been taken into account at the award of the task order, does the Government loose its unilateral right to exercise the option? Is there any recourse? Thanks in advance for your wisdom =) Link to comment Share on other sites More sharing options...
Don Mansfield Posted March 11, 2009 Report Share Posted March 11, 2009 1. Does the GSA contract contain the clause at FAR 52.216-22, Indefinite Quantity? 2. If yes, what date was inserted in paragraph (d) of the clause? Link to comment Share on other sites More sharing options...
Capobian Posted March 11, 2009 Author Report Share Posted March 11, 2009 1. Does the GSA contract contain the clause at FAR 52.216-22, Indefinite Quantity?2. If yes, what date was inserted in paragraph (d) of the clause? We would be in the process of tracking down the GSA CO and the relevant schedule contract to answer your question. Would it apply even if it isn't included since it's required under 16.506(e)? Thanks for your insight =) Link to comment Share on other sites More sharing options...
Don Mansfield Posted March 11, 2009 Report Share Posted March 11, 2009 I don't know if the clause could be read into the contract, but that doesn't matter. Even if the clause could be read in, there needs to be an agreed-to date inserted into paragraph (d). Link to comment Share on other sites More sharing options...
kitty Posted June 17, 2009 Report Share Posted June 17, 2009 I am interested in an extended response to this one as well. I have a similar situation in which the requiring activity wants to put a task order in place that has a base year and 2, one-year options. The ID/IQ contract expires half way through the first one-year option. What authority allows you to exercise the second option year? I agree that the fill-in to clause 52.216-22 should have identified an end date, but it appears, it was left blank. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted June 17, 2009 Report Share Posted June 17, 2009 You'll find this at GSA's website--http://www.gsa.gov/Portal/gsa/ep/contentVi...c.jsp&P=FX7 Options on Orders Placed Against GSA Multiple Award Schedule ContractsOptions 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. Under the preceding conditions, Blanket Purchase Agreements (BPAs) under Schedule contracts may be established with options that extend beyond the end of the basic Schedule contract period. The length of the order and the risk to the ordering activity could be considered as part of the overall evaluation of best value. Link to comment Share on other sites More sharing options...
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