Good morning all,
This is my second go-around typing this post, as my first attempt was somehow completely deleted just before I had a chance to post? ugh! So, take 2? I?m administering a BPA for operations & maintenance (o&m) services for facilities in my agency?s (not DOD) region; I inherited the BPA earlier this year. It was awarded as a 10-year BPA, and doesn?t include options (BPA expires in 2020). Typically BPAs/contracts don?t exceed 5 years; however, in the past, my agency allowed for BPAs to extend for 10, even 15 years. I?m going to explain my little hang-up, and hopefully a few of you good folks will weigh-in.
On an annual basis, we issue 1-year call orders for basic o&m services for the facilities. The previous CO treated the process much alike exercising an option of an IDIQ contract; he issued a 60-day preliminary notice of intent to exercise the option, and cited FAR 52.217-9, Option to Extend the term of the Contract, which is included in Section I of the BPA. It?s coming time for me to begin the process of issuing next year?s call, but I?m not too crazy about sending a 60-day letter of intent to the contractor because, (a.) this isn?t a contract, it?s a BPA, and (2) this was awarded as a 10-year BPA, not 1-year w/ 9 1-year option periods, so there really isn't an option to exercise. If we wanted to cancel the BPA, we simply could elect to not issue an annual call.
I?m likely going to follow a similar procedure as the previous CO, for the sake of consistency, but I was hoping I could gain a little knowledge from you folks as to some other methods of handling similar scenarios in the future. It is necessary to provide the contractor with some kind of advanced notice that the Government does intend to issue an annual call order for basic services. After all, they have plenty of employees on their payroll whose employment depends upon issuance of that annual call; so it?s only fair/practical to give them a heads-up, and not leave them hanging and wondering if it will be issued. I just don?t believe this BPA, or other similar ones I have, should be treated like an IDIQ contract with exercising options. Is there a clause out there that anyone?s aware of that is similar to FAR 52.217-9, but specific to call orders? I?m just not very comfortable citing that clause in an instance like this. I think the previous CO may have grown too accustomed to administering IDIQ contracts, and just administered BPAs in the same manner. Again, I?d sure appreciate any insight the members of this forum can provide, thanks!