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We have a Performance Work Statement (PWS) under a Multiple Award Service contract which includes six options.  For every option, there are 5 pre-priced Exhibit Line Items (ELINs).  Based on the PWS, options may be exercised as follows: Option 1 up to 10 times; Option 2 up to 5 times, etc.   Can an option —with a set of ELINs—be exercised up to 5 or even 10 times? 

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23 minutes ago, creyes814 said:

Can an option —with a set of ELINs—be exercised up to 5 or even 10 times? 

I don't want to say no, but... An option is usually a contract line item, and according to FAR 4.1003, each line item must have:

Quote

(d) Separate delivery schedule, destination, period of performance, or place of performance.

So my tentative answer is No.

Why don't you show how your option CLINs and ELINs read in the contract.

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Thank you for your response Vern Edwards.  This is how the options are structured in the Performance Work Statement: 



OPTION ITEMS

 

The Government reserves the right to unilaterally exercise the following Option Items within the performance period from the issuance date of the base Task Order or last Option Year, contingent on the availability of funds.

 

1.       Option 1 – Additional 560 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2022 - 1 March 2023) 1 X ELINs C019[VPLCNSE1]  and C220, 2 x ELINs C021 and C222 and 3 x ELIN C170)

Contractor shall conduct an additional 560 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 10 times.

 

2.       Option 2 – Additional 1,120 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2022 - 1 March 2023) (1 x ELINs C020, C171 and C221, and 4 x ELINs C021 and C222)

Contractor shall conduct an additional 1,120 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 5 times.

 

3.       Option 3 – Additional 560 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2023 - 1 March 2024) (1 x ELINs D019 and D220[VPLCNSE2] , 2 x ELINs D021 and D222, and 3 x ELIN D170)

Contractor shall conduct an additional 560 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 10 times.

 

 

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So each survey is a job. The options are to buy more jobs within the period of performance.  I presume that each ELIN is a particular parcel of acres to be surveyed.

While I don't like the way the CLINs are written, I do not think the concept of having an option to buy more of the same kinds of jobs within the period of performance violates any rule that I know about. Your options are a kind of option for additional quantities. See e.g., FAR 52.217-6. Instead of buying more supplies, you would exercise the option to buy more services.

I think it's okay.

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4 hours ago, Vern Edwards said:

How about: This option may be exercised 10 times, or The Government (or CO) may exercise this option 10 times.

You don't "order' an option. And if you say that something "may" be done 10 times, it doesn't mean 11 times or more, so you don't need "maximum".

I believe the word is "exercise." 

How about this:

1. Option 1 is exercised to cover a period of 03/01/2022 through 03/01/2023.

2. Option 1 contains CLINs:

- 1001: 

19 hours ago, creyes814 said:

Contractor shall conduct an additional 560 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document. 

 - 1002:

19 hours ago, creyes814 said:

Contractor shall conduct an additional 1,120 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  

3. Tash orders may be issued against CLINS (above) up to 10 times during this ordering period. 

The OP said 'TO" so it has to be attached to come form of IDC contract. Therefore ordering (FAR 16.505) would be the correct word. 

I just don't like how it how it is laid out. Let's not dig into the weeds on this one and save it for something more entertaining.

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