Help w/ Period of Performance clause
Started by Bjackson34 · Jun 5, 2020 · 2 replies
- BOriginal post
Bjackson34
Jun 5, 2020 · 6y ago
Need assistance as the FAR does not clearly discuss Period of Performance.
We have an IDIQ contract with a government entity, upon which task orders are awarded. The contract clearly states a period of performance, or delivery F.O.B. Within the text of the award, this specific government entity has written differing dates, which has caused confusion recently. For example:
"Period of performance - 1/1/19 to 5/31/19.
POP Task - 1/1/19 - 4/30/19
POP Order - 1/1/19 - 5/31/19. To allow 30 days for closeouts and final invoicing"
One would usually read this as we must be complete the work by 5/31/19. Some officers from this entity will push for the work to be done by 4/30/19, and then 30 days for closeouts. However, multiple contracting officials with this agency have stated, verbally, that "there is only one period of performance on the contract, the other dates don't really mean anything". ??? It is unsure why they continue to put text within the awarding document like this. I cannot define what "Task" and "Order" mean individually as pertains to a period of performance.
Additionally, can there be (2) periods of performance for (1) task order award? For instance, base contract was awarded 1/1/2019, with expiration of 5/31/19. On 5/20/19 they awarded the option 1 from the bid, thus extending the POP until 7/31/19. However, the entity still requires the base work to be done by 5/31/19, and option 1 work by 7/31/19. I was under the assumption the option 1 becomes part of the contract, thus the entirety of the work (whether base or option) should be done by 7/31/19
thank you for your help!
- h
here_2_help
Jun 5, 2020 · 6y ago
I recall an old article by former WIFCON member Vern Edwards that discussed this. Maybe somebody can find that post and link to it? As I recall, he distinguished between an "ordering period" and a "performance period." I would also add that the answer to the question probably involves the "color of money" used by the government customer -- i.e., what fiscal year (if any) is the government's funding?
- j
ji20874
Jun 5, 2020 · 6y ago
We need for contracting officers to take a little care in their writing. We need even more for designers of our automated systems to understand basic principles.
When I craft an IDIQ parent contract, I make sure to specify the ordering period — the ordering period is the period during which the Government can issue task or delivery orders. If my poorly-designed automated system forces me to input period of performance dates in an IDIQ parent contract, I will add separate text to clarify that the period of performance is understood to mean the ordering period.
When I craft a task order for services, I will specify the period of performance for the order as well as any dates for deliverables or milestones. If contract work must be complete by a certain date, I say so.
When I craft a delivery order for supplies, I do not specify a period of performance — rather, I specify required delivery dates.
The option situation depends on the text. If the base work and option work are separate CLINs, then each CLIN stands alone — the base work must be done within the period of performance established for the base CLIN, and the option work must be performed within the period of performance of the option CLIN. If the option exercise is part of the same CLIN, then the contract text is going to have to explain if work left undone in the base period can be accomplished during the option period.