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SubK

IDIQ Task Order Extension Periods

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A Small Business Set-aside, mulitple award IDIQ was awarded to 9 companies to compete on task orders for A&AS Services.  Each TO is solicited as a FOPR, with all options and optional expansion tasks to be priced, and includes the following clauses: FAR 52.217-5 Evaluation of Options, FAR 52.217-8 Option to Extend Services (6 Months), and 52.217-9 Option to Extend the Term of the Contract (in this clause it states "The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years") in the solicitation documents.  All competitors were notified that one of the task orders would not be recompeted as forecasted but would be extended. The forecast was that it would be recompeted at the end of the 3  year period of performance, as every other task order under this IDIQ is recompeted.   I assumed this would be a 6 month extension, until our PM told us that he has heard that particular task order has been extended for 2 years.  I am trying to find out what basis they have to do this.  I have found several sources regarding extensions of contracts and the overall IDIQ and the ordering period, but nothing really finite on the task order itself. The period of performance that was solicited and price was proposed on is as follows: Base Period: 9/17/2015 - 7/31/2016, PoP I 8/1/2016 - 7/31/2017, PoP II 8/1/2017 - 1/31/2018, PoP III 2/1/2018 - 7/31/2018, so just short of 3 years. I asked the CO how long the Task Order was being extended for and when we could expect to see an RFP for the follow on work, to which the government PM responded that "The PoP extension has multiple option periods, which can be exercised at the Government's discretion.   If all options are exercised, the extension could last until 31 July 2020.  A draft RFP will likely not be issued until approximately four months prior to a follow-on effort.".  He stated that the extension, that was never priced or solicited has option periods that, if exercised could last until July 2020.  

Does anyone here have experience with this sort of task order extension?  Or, know what basis/clause they are using?  I am not saying we want to protest, I would just like a better understanding for future reference.  Any help is appreciated. 

 

 

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Quick two questions to help -

1. You asked the CO but the PM replied?  Might want to ask the CO if the PM's response is the official response.

2. Does the TO carry any extension language beyond that carried in the parent IDIQ?

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Guest Vern Edwards
21 hours ago, SubK said:

Does anyone here have experience with this sort of task order extension?  Or, know what basis/clause they are using?  I am not saying we want to protest, I would just like a better understanding for future reference.  Any help is appreciated.

It appears that the agency is negotiating an out-of-scope extension of the period of performance of a task order issued under a multiple award task order contract. If that is so, then such an extension would, for legal purposes, be a new task order.  That being the case, FAR 16.505(b)(1) requires that the CO give all contractors a fair opportunity to be considered for the new work, unless an exception to that rule applies (or the contract makes some express provision for such an out-of-scope extension). FAR 16.505(b)(2)(i) describes the six exceptions to that rule. If the contracting officer is going to apply an exception, then he or she may have to prepare a justification in accordance with FAR 16.505(b)(2)(ii) and may have to obtain higher-level approval.

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On 3/30/2018 at 5:59 PM, SubK said:

I am trying to find out what basis they have to do this.

Didn't you answer your own question when you said:

On 3/30/2018 at 5:59 PM, SubK said:

  Each TO... includes ... 52.217-9 Option to Extend the Term of the Contract

???

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