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Amendment SF 30 signed date ealier than effective date

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We have an IDIQ contract; base plus four option years. The KO just an exercised an option year but the effective date doesn't start for another couple of weeks. We would like to begin issuing task orders on the option year. As with the OY award the task orders will be awarded prior to the effective date of the OY and will have a POP that begins after the OY becomes effective. Is this acceptable and is there any specific authority that allows for awarding task orders with an period of performance that does not begin at award? (this has nothing to do with funding)

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My opinion is that the effective date is just that... the date it is effective, and therefore you should not issue any task orders until that effective date.

Where I have worked it is common practice to exercise the option several weeks (or in the case of GSA, months) prior to expiration so that there is no risk in a lapse of service or expiration of contract.

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Who says your period of performance must begin on the date of award? If you issue a services order at 10PM with a POP that starts that same day, you have a lost a day's service.

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Agree with woops85, who says that you can't? Your question rather should be Is there any specific authority that disallows me to do this, not looking for authority that allows you to do so.

There is a big difference between the signed date and the PoP start date in what you are asking. The signed date is just the date upon which you issue the order, the PoP start date is the start of the work. Why shouldn't you be allowed to work ahead and issue the task order now to start in a month or so? You've already exercised the option for that period of time, so the work is valid. If you hadn't exercised the option yet, then it would be a different scenario.

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Guest Vern Edwards

We have an IDIQ contract; base plus four option years. The KO just an exercised an option year but the effective date doesn't start for another couple of weeks. We would like to begin issuing task orders on the option year. As with the OY award the task orders will be awarded prior to the effective date of the OY and will have a POP that begins after the OY becomes effective. Is this acceptable and is there any specific authority that allows for awarding task orders with an period of performance that does not begin at award? (this has nothing to do with funding)

It appears to me that you want to know if you can issue an order against the option year before the effective date of the modification that exercised the option. The period of performance will begin after the option takes effect. Is that correct?

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Guest Vern Edwards

I guess we're not going to hear from RCS again, so I'm going to comment based on my belief that his question is this:

Under an IDIQ contract, may I issue an order for performance during an option period before the effective date of the modification that exercised the option.

I assume that his phrase "effective date of the OY" refers to the date in block 3 of Standard Form 30. if that is his question, and if my assumption is valid, then the answer is: No, for two reasons.

First, the effective date of the modification is the date that the exercise of the option takes legal effect. Until that date, the exercise of the option has no legal effect, meaning that the option has not yet been exercised. No option, no order. The effective date on SF 30 is not necessarily the effective date of the option year itself. Whether it is or not depends on the language of the modification.

Second, an IDIQ contract has two periods of effectivity. They are stated in two separate contract clauses. The first period of effectivity is the ordering period, which is the period within which orders may be issued and which is stated in FAR clause 52.216-18, Ordering, paragraph (a), as follows:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [insert dates].

The second period of effectivity is the period within which the contractor can be required to perform under orders issued in accordance with the terms of the contract, which is stated in FAR clause 52.216-22, paragraph (f), as follows:

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractorí’s and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _________________ [insert date].

RCS cannot validly issue an order before the start of the ordering period specified in the Ordering clause, not even if performance won't begin until after the start of that date. The contractor would not be bound to perform under such an order. However, if the contractor performs without objection under an order issued in violation of the contract's terms, then the order will be binding upon the contractor as if it had been properly issued within the ordering period.

RCS said that his question has nothing to do with funding, so I won't address that matter other than to point out there might be an issue of the validity of an obligation of funds for an order against a contract option that has not yet been effectively exercised and that is not within the ordering period and thus is inconsistent with the terms of the contract.

If RCS's reference to "the effective date of the OY" means something other than the date in block 3 of SF 30, then I am not sure what he is talking about.

(Note: The phrase "the contract's effective period" in FAR 52.216-22(f), quoted above, is obscure. It is not clear to me whether it refers to (a) the ordering period, (B) the period framed by the first day of the ordering period and the last day on which performance can be required, or ( c) some other period that is supposed to be stated in the contract. Another case of mysterious FAR wording. At least, it's mysterious to me.)

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