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Extension of expiring construction IDIQ

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We have a MACC (Multiple Award Construction Contract) that will expire (March 2015) before a task order is ready for award. The task order is taking longer that scheduled because of reprogramming issue (proposals are higher than programmed amount). It takes 6-9 months to approve (approval tentative June 2015) reprogramming and the MACC IDIQ will expire before reprogramming is complete. What option is available? Extend the MACC to allow time to award the task order or let the MACC expire because extension of MACC are not allowed (the MACC exercised the last option year, no more option to exercise). FAR Clause 52.217-9 is in the contract to exercise the option years.

thank you.

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We have a MACC (Multiple Award Construction Contract) that will expire (March 2015) before a task order is ready for award. The task order is taking longer that scheduled because of reprogramming issue (proposals are higher than programmed amount). It takes 6-9 months to approve (approval tentative June 2015) reprogramming and the MACC IDIQ will expire before reprogramming is complete. What option is available? Extend the MACC to allow time to award the task order or let the MACC expire because extension of MACC are not allowed (the MACC exercised the last option year, no more option to exercise). FAR Clause 52.217-9 is in the contract to exercise the option years.

thank you.

Option: time the award of the new MACC for the expected reprogramming of the seed task order. Apparently you don't have any other task orders pending or you could substitute another project to use as the seed task order for the competition. Why does it matter if there is a gap if you don't have any projects that could be awarded before June 2015?

Option: if you have another project ready or close to ready, use it as the seed task.

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Thank you for the response, but the project is not a seed for the new MACC, it is an actual project that the command wish to award with out waiting for the new MACC

the project in the current MACC was already issued, evaluated, and ready for award. The only snag was the proposed price was more than the programmed amount. Since the project is MILCON, any increase in the program amount requires reprogramming by Congress and takes months go get approval. Rather than waste all the effort in the solicitation, evaluations, etc. and start over, could a MACC extension possible?

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ah, now I understand the situation. Thanks. Since I don't know for sure - I will let someone else answer, but I think that an extension to an existing MACC would be an out-of-scope action, requiring an exception to full and open competition, wouldn't it?

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Correct a Justification and Approval is required, the only issue is that I cannot find any reference that a Construction MACC was extended to use precedent.


Thank you for responding.


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Posted Today, 03:44 PM

Correct a Justification and Approval is required, the only issue is that I cannot find any reference that a Construction MACC was extended to use precedent.

Thank you for responding.

Here is another idea. If this is a MILCON project, can you revise the task order to provide for award of a "base bid" CLIN that is at least 67%** of the full project scope (or whatever the legal minimum scope is - I don't have that reference handy) within the current Programmed Amount? Then include option CLIN or CLIN's for the remaining scope that can be awarded within a specific time period (based upon when the money is expected to be available).

** I don't know the magnitude of the requested reprogramming action. If it is for less than 33% of the current scope, obviously, you could award the base for more than 67% of full scope. If memory serves me (and it probably doesn't), 2/3 of full scope of a MILCON project is the minimum one can reduce and make award - it might be higher than that. At any rate - do you get my general idea? Is it possible to have an awardable contract for what can presently be funded and include option(s) for the remaining work that would fall within the revised, Re-Programmed Amount. there are rules for this in the military construction program regulations for the various services.

P.S. Good luck on the re-ptrogramming request. Those used to be very difficult to get Congress to approve!!

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I am thinking of the poor contractor who has to go out and get all his subs to extend the validity of their proposals, and the consequences if the subs don't.

i agree plus it ties up bonding capacity while waiting for an award decision. If they can award now then yes the option work would be hanging out there but not the base award.

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