S. Nimrod Posted January 21, 2021 Report Share Posted January 21, 2021 Situation-a service contract was executed and included 2 option year periods/line items. The service is for mowing and the mowing season is from Apr-Oct for years CLIN 0001 (2020), option CLIN 1001 (2021), and option CLIN 2001 (2022). The delivery section F of the contract states the CLIN 0001 POP is 1 Apr - 30 Oct 2020, for CLIN 1001 POP is 1 Apr - 30 Oct 2021, and for CLIN 2001 POP is 1 Apr - 30 Oct 21 The ultimate completion date in FPDS-NG is 30 Oct 2021. Question- can I exercise the option at CLIN 1001? Is the contract dead since the POPs aren't continuous? Other words did the contract expire between the end of CLIN 0001 30 Oct 20 and the start of the POP for CLIN 1001 1 Apr 2021? Link to comment Share on other sites More sharing options...
ji20874 Posted January 21, 2021 Report Share Posted January 21, 2021 The parties agreed on non-continuous periods of performance, right? YES or NO (select one) Was that agreement illegal? YES or NO (select one) Who says that option POPs must be continuous? Or, who says option POPs cannot be non-continuous? Who says the contract is dead? Unless the contract requires an option exercise before now, go ahead and exercise the option. Link to comment Share on other sites More sharing options...
joel hoffman Posted January 21, 2021 Report Share Posted January 21, 2021 1 hour ago, S. Nimrod said: Question- can I exercise the option at CLIN 1001? Is the contract dead since the POPs aren't continuous? Other words did the contract expire between the end of CLIN 0001 30 Oct 20 and the start of the POP for CLIN 1001 1 Apr 2021? What does the contract say concerning advanced notice for exercising options? EDIT: Forgot to mention that I agree with ji. Link to comment Share on other sites More sharing options...
joel hoffman Posted January 22, 2021 Report Share Posted January 22, 2021 “IF” the contract required the option to be exercised prior to Oct 31, 2020, the contract is technically completed, correct? To award the first option then would require an exception to competition and bilateral agreement. I Also think that to award the second option would then also require an exception, which would be harder to justify since you will have time to recompete. Not totally sure that you couldn’t come up with a justification to tie both out years together in a justification. Actually, you have more than 60 days right now to re-compete the mowing which starts in April 2021. Link to comment Share on other sites More sharing options...
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