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Hi,

It seems we have found ourselves in a situation where a CDRL is calling out an additional requirement that the Government wants but it is not stated in the PWS.  Specifically, a longer duration of service agreements.  The PWS does not include a specific requirement for "service agreements" only for "product support", which for Product Support has an end date stated through final DD250 in the PWS.  The CDRL calls out "service agreements" with an additional 2 years after final DD250.  There is no stated order of precedence, and both documents are called out as being incorporated into the contract, with the CDRL being listed first as an Exhibit and the PWS as an Attachment. 

My questions is:  Can the Contractor be held accountable to deliver the additional duration of service agreements as listed in the CDRL if its not specifically called out as a requirement in the PWS or another area of the Contract?

CDRL: DI-CMAN-81121, DATA ITEM DESCRIPTION: BASELINE DESCRIPTION DOCUMENT

 

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Maybe.  It will depend on the totality of the facts.

A CDRL is for a document.  A CDRL might buy a service agreement document, but it might not buy the performance of a service (so maybe the contractor isn't obligated).  However, if the service agreement document is something akin to a warranty, then maybe it does (so maybe the contractor is obligated). 

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I am not sure if this helps with the facts, and to be quite honest I feel I must be missing something major.  Would Product Support be something totally different than the Service Agreements - even though neither have a set definition? Have I biased myself into thinking they are related?

The language in the CDRL:

"Service agreements for all hardware and software products delivered under this contract end no sooner than two calendar years after Final DD250."

Language regarding product support in PWS:

"The Contractor shall ensure all Product Support tasks are completed for the period from installation through Government acceptance (Final DD250) as detailed in PWS xxx."

PWS xxx (Title being "Perform System Maintenance" has 2 subsections that state:

xxx.1 The Contractor shall perform Level I and Level II system maintenance beginning at installation of system assets through the conclusion of the Final DD250.
xxx.2 The Contractor shall repair and maintain the installed system to include collecting hardware and software repair data actions [CDRL DI-SESS-81315B - Failure Analysis and Corrective Action Report].

 

 

 

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On ‎4‎/‎4‎/‎2019 at 1:02 PM, ConMan411 said:

I am not sure if this helps with the facts, and to be quite honest I feel I must be missing something major.  Would Product Support be something totally different than the Service Agreements - even though neither have a set definition? Have I biased myself into thinking they are related?

 They can be seen as the same meaning easily in my mind.

I would refer back to solicitation to decide what is and is not covered/stated.

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