Hello all, 

Our company currently has an IDIQ that expires this summer. We maintain an FCL through the IDIQ and have various Task Orders with differing levels of classification. Some of the classified TOs have PoPs that run longer than the IDIQ. 

My questions are,

1. Does the expiration of our IDIQ remove our ability to perform our awarded work?
2. Is the agency we are performing the work for able to bridge/extend the FCL? 
3. Would we be able to flowdown a DD254 to a sub before the expiration/how would it affect them and/or their ability to perform the work?

Any and all help greatly appreciated.

On 3/27/2025 at 8:15 AM, overmyhead said:

Does the expiration of our IDIQ remove our ability to perform our awarded work?

My view is that all 3 of your questions are hinged to FAR Clause 52.216-22 if, and hopefully, the clause is in your contract. See paragraph (d) of the clause.

@overmyhead Please do not use abbreviations like FCL. We presume FCL means facility clearance. If that is not the case, please tell us what it means.

The answers to your questions are:

1. No. Read your contract. It should include the clause at FAR 52.216-22, Indefinite Quantity (OCT 1995). Read paragraph (d).

2. Ask your customer if they can and will.

3. Ask your customer.

1 hour ago, Moderator said:

No. Read your contract. It should include the clause at FAR 52.216-22, Indefinite Quantity (OCT 1995). Read paragraph (d).

From my chair the "No" seems too explicit of a answer with regard to 52.216-22.

If FAR clause 52.216-22 provides a date in (d) that is commensurate with the end of the effective period stated in the IDIQ the order would need to be completed by effective date of the IDIQ should it not?

As an alternative if the paragraph (d) provides a date or period of say 1 year after the end end of the effective date of the IDIQ then work could continue on an order from end of effective period plus one year could it not?.

I faced this same issue with task orders in a secure facility (various classification levels), that eventually became a multi-year ratification I came in much later and cleaned up. What a mess and tragic for those impacted. Here are my takeaways:

1. No, expiration of the master IDIQ's ordering period does not not invalidate task orders issued before it expires, but any remaining performance periods on orders will probably be limited to 12 months (assuming this is a services contract). Look at contract clauses FAR 52.216-18(a) for the ordering period (from ... to ...) and FAR 52.216-22 as mentioned above. If these are not in your contract, get something in writing from the CO. One issue I faced was the CO and customer were geographically separated, and the customer did not get to the CO until the last minute (and without funding, scope, or justification), so it was a mess. Protect yourself and get a solid quote together for any continued work or bridge contract ... and make sure the CO is involved early. Also, see if the contact includes FAR 52.217-9 and the agency intends to extend the IDIQ ordering period. Vern posted a long time ago about multiple year contracts that may help as well: https://www.wifcon.com/anal/analfiveyear.htm

2. and 3. Agree with posts above, with comments. In the situation I cleaned up, the prime maintained its FCL through a different contract, but the sub's FCL and DD254 were just plain forgotten by all concerned, despite the sub showing up daily for work, and expired and nearly destroyed the company. (It was as awful as it sounds). Because the program manager botched it so badly, the CO refused any follow-on award and the program died. Given the uncertainty in federal IT contracting right now, I suggest a plan A to continue work (and be very specific with the agency on contractor resources, rights, and what will be turned off when), and a plan B to transition FCL and individual clearances to another contract or be sponsored as a sub by someone, just in case. For DD254, prime can't bootstrap its own clearances through its sub on the prime's contract (that attempt failed in the mess I later cleaned up), and have a clear exit strategy. As a final thought, I'd draft a white paper or slides on exactly where the system or services you provide are operating, why the work is important (at an UNCLAS/FOUO level, with a CLAS annex and specifics if needed), when the IDIQ ordering period and each task order ends, your forecast for withdrawal of personnel and support, etc. We've all lived thru good and bad transitions, and you should not assume decisionmakers know anything about clearances or classified ... take care of your people, inventory your equipment and security badges, and help the agency try to defend what you do.

Extra tips: Don't delay billing, do not ignore data rights, and think about your likely final CPAR(s). Sounds obvious, but these take time to assert, earn, and defend properly. Look very closely at the payment and deliverables T's and C's in your contract, and exactly who owns what for data rights. Agencies have received direction to cut the fat ruthlessly. Old relationships, understandings, and budgets may disappear as personnel and work are scrutinized or realigned. Yes, clearances are long lead time and scary for your people who risk losing them, but billing, CPAR(s) and data rights are also crucial to the company's short and long term value. Lock them down.