what is anyone's position on how long the period of performance on a CLIN can be for severable service CLINs

I'm receiving guidance that POPs cannot be longer than 3 years since that is the period of availability of the funds the agency receives. And that fiscal law is being violated due to bona fide needs rule.

I specifically track how funds are used and expended and believe I am not violating fiscal law.

while I understand the rules of Severable Service Contracts and limits on POPs I do not understand why that limits the pop on a CLIN.
Per the rules : The POP must begin in a FY in which the funds are available for obligation
If the POP on the contract vehicle is fully within the fiscal year(s) in which the funds are available for obligation, the POP may extend the entire period of availability
If the POP on the contract vehicle extends beyond the fiscal year(s) in which the funds are available for obligation, the end date of the POP on severable contract vehicles is constrained under law by the 12 month rule

 

Did you consult this WIFCON resource..

http://www.wifcon.com/bonafidecontents.htm

23 hours ago, LD3096 said:

And that fiscal law is being violated due to bona fide needs rule.

 

23 hours ago, LD3096 said:

I'm receiving guidance that POPs cannot be longer than 3 years since that is the period of availability of the funds the agency receives. 

Can you clarify these statements?  You appear to be receiving guidance from a superior or other person in authority that you can have a severable services CLIN with a 3 year POP.  At the same time it seems you are receiving guidance that this violates fiscal law?  I'm confused.  Also, what fiscal law is supposedly being violated?

The Red Book | U.S. GAO, Chapter 5. This will have your answers, probably.

The rules are different depending on your situation. 

• Do you have a multiyear contract? (Which is a special thing, not just a contract whose total duration inc. options is > 1 year)
• Is funding multiple-year appropriations?
• The contract is for severable services?

 

 

 

 

31 U.S.C. § 1502(a): a fixed-term appropriation is available only “to complete contracts properly made within that period of availability.”

GAO B-317636 . An agency using a multiple year appropriation would not violate the bona fide needs rule if it enters into a severable services contract for more than 1 year as long as the period of contract performance does not exceed the period of availability of the multiple year appropriation.