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Hello,

I think I know the answer, but I would like to double check this one. My customer originally wanted 52.217-9 options for a five-year order if all options are exercised with each line item equally lasting a year long. However, now they are requesting to only have options for every other year: Base, Year 3, Year 5. Can I create a purchase order using 52.217-7 while no work is being performed in between the options?

 

 

Thanks,

CSJas

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The prescribing language for FAR 52.217-7 indicates it is not for services.  But you can craft a similar clause (almost verbatim identical) with a well-thought-out fill-in that works.  Yes, you can do a single contract for services, with a CLIN for the base year (the first year), a CLIN for the third year, and a CLIN for the fifth year.

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Probably yes.  My first thought is that this type of set up would be quite simple to do with a BPA.  

There are probably creative ways to do this with an order, maybe, if all the stars in in alignment.  However, I wouldn't do it, I'm aggressive, but not that aggressive.

 

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On 8/28/2020 at 9:58 AM, ji20874 said:

The prescribing language for FAR 52.217-7 indicates it is not for services.  But you can craft a similar clause (almost verbatim identical) with a well-thought-out fill-in that works.  Yes, you can do a single contract for services, with a CLIN for the base year (the first year), a CLIN for the third year, and a CLIN for the fifth year.

I am confused just a little by this response, I agree with it, but confused as it does not provide clarity on the use of clauses noted by the OP. 

First -9 is not a clause for use in adding optional needs to a contract it is for the purpose of extending the term of a contract that has options.   

What is available as optional needs clauses are -7 for supplies and -8 for services.   As noted by the prescription for either -7 or -8 is that wording must be  "substantially the same" so the OP should choose the clause based on what the contract is for - supplies or services - and then re-word it to meet the OP's need.  In re-wording its reference number would still be either -7 or -8.  

With decision made to place either -7 or -8 in the solicitation/contract the OP would then make a decision as to whether "any or all"  wants as enumerated in the prescription of -9 are also wanted in the contract and place -9 in the contract "substantially worded" as necessary.

My reference besides the FAR -  

 

 

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