ab535

It's an audit, so it's non-severable services. They need more time to finish the first year audit but want to keep the second year audit on track. The pricing for the first year option would be based on the option prices as awarded, while the extension of services would be based on base year pricing.

Can we exercise the option to extend services on the base period, and exercise the first option year under the option to extend the term of the contract clause as originally agreed, simultaneously?

I've contacted SEWP and they are no particular help. It's not in the terms and conditions. And it is apparently very recent, as in the last few weeks. Both the reseller and HP are saying that HP is moving exclusively to three-year periods for this type of software maintenance. SDVR, you're saying if it's more of a warranty, 10 USC 2410a does not apply, even though it would be a warranty covering three years? Okay, I read that decision, and it is about the Advance Payments statute, not 10 USC 2410a. I have no problem with paying a "warranty" in advance. But what about a "warranty" for three years in advance? Is the argument that I'm getting the "supply" all at once, it's not a severable service and it's not really for a three-year PoP?

I don't know who, if anyone, is doing the ordering. I just know that HP's maintenance, for example, is only available in three-year durations. As in not a base year + two one-year options, but a base of three years. Here is an email from a vendor of HP support, through NASA SEWP: Good morning: Yes. Final answer is we are quoting 3 years of HP DOD support. 1 year support is truly gone. I Received refreshed quote from HP about an hour ago. Trying to get a lot request out to the door because people are taking off on long holiday breaks. I'll have this config'd in the next hour and back over to you for review.

I don't mean the IDIQs, I mean the orders off the IDIQs, or even just non-IDIQ open market contracts. O&M dollars, per 10 USC 2410a, cannot be used for a PoP of more than one year.

A fair number of vendors, including SEWP vendors, are moving to three-year PoPs for software/hardware maintenance contracts. 10 USC 2410a prevents us from using annual O&M funds for PoPs of more than one year, and we, like many DoD agencies, do not have no-year funds. So, how are other agencies executing these three-year contracts? What am I missing?