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cdhames

Non-Severable CLIN strucutre?

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DoD, AF

I have an environmental study requirement that culminates in a Final report. Until the Final report is generated, the Government receives no benefit, but there is a Draft Report that gets submitted prior to the Final.

The Study consists of a study, inventory and data collection of wildlife and intends to cross multiple fiscal years.

We're currently using annual appropriations, O&M.

Because the Government receives nothing until the Final Report is submitted, I'm inclined to call this a non-severable service; and this is how I've presented this to my CO, Policy and Legal. They all tentatively agree, based on the data available, that we can use O&M funds crossing fiscal years, for a non-severable service.

My question is related to CLIN structure, particularly how to structure payment? I've read through the AFFARS guidance at AFFARS IG5304.7103 and DFARS 204.7103.

At DFARS 204.7101 it defines "Nonseverable deliverable" as a deliverable item that is a single end product or undertaking, entire in nature, that cannot be feasibly subdivided into discrete elements or phases without losing its identity.

My Question: If I divide the requirement into elements for CLIN/payment purposes, does this then violate the definition above?

I can't imagine a contractor working for 2+ years without payment. Am I looking at this wrong?

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Have you determined whether this is a commercial item? Recommend taking a look at FAR Subparts 32.1 and 32.2. Then, choose the payment structure that makes the most sense.

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What is the estimated value of the contract?

What is the contract type?

What are the proposed CLINs?

Why can't you use progress payments to provide funding?

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How about--

001 ENVIRONMENTAL STUDY 1 LO $____ $____

IAW ATTACHED SOW

and use the clause at FAR 52.232-32, Performance-Based Payments?

I recommend a single CLIN because, as you said, the study is not severable.

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