UCA Timelines

[CDBurner]

I'm a little confused on UCA timelines, and was hoping someone could help set me straight. 

Background:

  FAR 16.603-2 (c) states in regard to Letter Contracts, "The schedule will provide for definitization of the contract within 180 days after the date of the letter contract..."

  DFARS 217.7404-3 (a) "UCAs shall contain definitization schedules that provide for definitization by the earlier of— (1) The date that is 180 days after the contractor submits a qualifying proposal...."

Questions:

1. I'm assuming the DFARS "further restricts" (although I'm not sure how that's further restricting) the FAR language by making the 180 days from qualifying proposal rather than the date of award of the letter contract.  Is that how you read it?  Am I missing something?

2. Are there any regulations (from DoD perspective) that pertain to the amount of time from award of a UCA to receipt of qualifying proposal?

Edit:

The DFARS used to be more clear on this issue: 

This is from the DFARS 217.7404-3 (June 29, 2018):

(a) UCAs shall contain definitization schedules that provide for definitization by the earlier of—

(1) The date that is 180 days after issuance of the action (this date may be extended but may not exceed the date that is 180 days after the contractor submits a qualifying proposal)

Edited July 9, 2020 by CDBurner
Additional Information

[Don Mansfield]

Quote

 

216.603-2  Application.

      (c)(3)  In accordance with 10 U.S.C. 2326, establish definitization schedules for letter contracts following the requirements at 217.7404-3(a) instead of the requirements at FAR 16.603-2(c)(3).

 

 

[CDBurner]

15 minutes ago, Don Mansfield said:

216.603-2  Application.

      (c)(3)  In accordance with 10 U.S.C. 2326, establish definitization schedules for letter contracts following the requirements at 217.7404-3(a) instead of the requirements at FAR 16.603-2(c)(3).

Thanks,  so in practice it sounds like definitzation schedules are just built with the end goal to have definitzation happen 180 days after qualifying proposal with the only constraint upon timelines for receipt of the proposal being the 217.7404-3(b ) of "timely", which I guess is left to the PCO's/Contractor's discretion.  Is that how you read it?

I've been looking through the Federal Register notices to see if I can see why this changed. Anyone aware of reasoning here?  (besides busy and effective industry lobbyists) 

Weird that DFARS 243.204-70-3 retained the "after issuance of the...".  language while the UCA dropped it.  

[Don Mansfield]

1 hour ago, CDBurner said:

Thanks,  so in practice it sounds like definitzation schedules are just built with the end goal to have definitzation happen 180 days after qualifying proposal with the only constraint upon timelines for receipt of the proposal being the 217.7404-3(b ) of "timely", which I guess is left to the PCO's/Contractor's discretion.  Is that how you read it?

No. The timeliness of the qualifying proposal would be determined by what the parties agree to in DFARS 252.217-7027(b).

[joel hoffman]

For establishing the definitization schedule , remember the OR , which also needs to be considered: 

“(2) The date on which the amount of funds obligated under the contract action is equal to more than 50 percent of the not-to-exceed price.”