Extending an IDIQ Ordering Period of Performance on Individual Contracts to Allow the Evaluation and Task Order Awards to be Completed

Background: I am a Contracting Officer on a large non-commercial, multiple award program that is used by multiple agencies in the Government.

The end of the ordering period for the entire contract program (as authorized by an approved Deviation), the performance period is set to end on a specific end date (January 17, 2030) (which equals five years following the last active ordering period, but the contracts list the specific end date as well). So in a nutshell, the original and current ordering period was for 10 years total, with an additional performance period that extends beyond the ordering period (for a total all inclusive performance period of 15 years). 

Problem and Proposed Solution: There are ordering agencies who need time to finish their evaluation and award of their complex multi-million dollar task orders. Some of them have been working on their task orders for two years, and have experienced delays in making their awards and some will cut it close but may make their awards prior to the current period end date, but are worried they may receive protests. Due to these scenarios, they need additional months to complete their evaluation and award work, as well as to work through any protests that may ensue. I am supportive of extending the ordering periods  on a case by case basis in the following manner:  

• We have met (conducted individual consultations) with client agencies to learn of the reason for their request the extension of individual contracts that have responded to their task order solicitations (their solicitations must have closed before I will consider extending them to allow the agencies to complete their evaluations and make their TO award). We have also asked the agencies to support their request in writing and explain why they cannot award their task orders timely, and to provide their acquisition time line so that we can demonstrate that they did not fail to plan to execute their acquisition timely.
• If we determine there is a supportable need to extend the individual contracts, will are considering doing the following to allow them the runway to finalize the evaluations and award their task order (and / or clear protests):
  • their solicitation must have closed ~45 days prior to the end of the ordering period, so that a list of contractor names of the contractors who responded to the agency's task order RFP will be known, and individual contract extensions can per pursued. NO new orders (other than the one that will be placed as a result of the TORFP that the contractor responded to that is leading to the need for the evaluation).  
  • The task orders that are placed, must still end (i.e., the last option period on the TO will be short, and must end January 17, 2030). 
  • An individual deviation to allow the ordering period for each individual contract (not the full class of IDIQ contracts) will be executed and signed by the HCA, as authorized by my agencies supplement acquisition manual. 
  •  Additionally, I propose that we do not need a FAR 6 exception to limit competition, because extending the ordering period to allow the government to finalize their evaluations and make the TO award, is not a cardinal change, and is akin to extending a POP to allow a project work to be completed. I propose that an MFR to the file, explaining why we are not circumventing competition, because the master contract(s) were already competed, as was the task order RFP and those who responded (which are the only contracts that will be extended) were eligible to propose because they hold a master contract in the applicable fair opportunity pool.
• Question -- are a deviation to extend the POP signed by the HCA, and an MFR explaining why the specific individual contract ordering periods are being extended including a full explanation that competition has already been achieved at two levels -- a supportable path forward, or do you think a FAR part 6 J&A should be written, and approved?