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Extending Period of Performance on IDIQ Task Order


doc4243

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A task order against an IDIQ contract was awarded in May 2012, with a period of performance of an estimated 139 calendar days. The CLIN is FFP (fixed day rate for vessel services). There is also a Cost Reimbursement CLIN for Other Direct Costs (for port fees, fuel etc...) The funding on both CLINs was obligated in FY 2012. In early FY 2013, October 2012, the contractor sent in their final invoice and it was 14 days less than estimated (125 days). Of course, this affected the final balance of the ODC CLIN as well. The mission is complete and there is approx $500K remaining on the Task Order CLINs. The Program Office is proposing that we extend the POP on the current task order to September 2013 to expend the remaining balance. This would constitute a new mission, but a recurring service. So I don't believe it voilates the Continuing Resolution rules under obligating contracts during a CR. The mission is carried out annually in the early summer time frame (May-Sep - approx 130 days). Also, the basic IDIQ contract does have a Not to Exceed (NTE) of 340 days per year on this CLIN. Is it possible to extend the POP on the Task Order 0002 to expend these remaining dollars for next year's scheduled mission? Or is it considered dead in the water and the remaining dollars will have to be de-obligated?

Thanks,

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Textbook answer: Deobligate the money and award a new task order for the new work using whatever money is available to you now.

You have two questions, it seems to me:

(1) Is this a new requirement? Yes, it seems to me based on what you have written, so you must comply with any applicable competition requirements. You can add new work to an existing contract instrument after approval of the J&A (see FAR Subpart 6.3) or whatever is required in your circumstances. Please be careful about calling it a logical follow-on under FAR Subpart 16.5.

(2) Can you use the money? This may be a question for your funds certifying official and your agency practice. If the money is available for obligation in 2012 and 2013, and the funds certifying official agrees that the money can be re-used for this new requirement, then you're probably okay. However, it will depend on the exact language in your appropriations bill (your funds certifying official will know this). In my agency (Forest Service), as I understand it, deobligations are not lost to the agency because our appropriations bills say the money is "available until expended" -- so we can deoblligate money from a contract and re-use the money on another contract after it is laundered through our finance system.

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Guest Vern Edwards

So you have two year money for FY2012 and 2013, which means that it's available for the bona fide needs of both years. Is that correct?

If so, then:

1. Please explain the "Not to Exceed (NTE) of 340 days per year." What the heck does that mean? Is that the IDIQ maximum quantity? If it is, and if you must increase that number in order to use the remaining $500K, then you'll need a J&A for other than full and open competition.

2. What is the last day of the IDIQ contract ordering period? See FAR 52.216-18(a).

3. What is the last day of the performance period? (The period of time during which you can require the contractor to perform.) See FAR 52.216-22(d).

4. Finally, is the IDIQ contract multiple award or single award?

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