Can a purchase order include POPs for every other year?
Started by CSJas · Aug 28, 2020 · 3 replies
- COriginal post
CSJas
Aug 28, 2020 · 5y ago
Hello,
I think I know the answer, but I would like to double check this one. My customer originally wanted 52.217-9 options for a five-year order if all options are exercised with each line item equally lasting a year long. However, now they are requesting to only have options for every other year: Base, Year 3, Year 5. Can I create a purchase order using 52.217-7 while no work is being performed in between the options?
Thanks,
CSJas
- j
ji20874
Aug 28, 2020 · 5y ago
The prescribing language for FAR 52.217-7 indicates it is not for services. But you can craft a similar clause (almost verbatim identical) with a well-thought-out fill-in that works. Yes, you can do a single contract for services, with a CLIN for the base year (the first year), a CLIN for the third year, and a CLIN for the fifth year.
- G
General.Zhukov
Aug 28, 2020 · 5y ago
Probably yes. My first thought is that this type of set up would be quite simple to do with a BPA.
There are probably creative ways to do this with an order, maybe, if all the stars in in alignment. However, I wouldn't do it, I'm aggressive, but not that aggressive.
- C
C Culham
Aug 29, 2020 · 5y ago
On 8/28/2020 at 9:58 AM, ji20874 said:
The prescribing language for FAR 52.217-7 indicates it is not for services. But you can craft a similar clause (almost verbatim identical) with a well-thought-out fill-in that works. Yes, you can do a single contract for services, with a CLIN for the base year (the first year), a CLIN for the third year, and a CLIN for the fifth year.
I am confused just a little by this response, I agree with it, but confused as it does not provide clarity on the use of clauses noted by the OP.
First -9 is not a clause for use in adding optional needs to a contract it is for the purpose of extending the term of a contract that has options.
What is available as optional needs clauses are -7 for supplies and -8 for services. As noted by the prescription for either -7 or -8 is that wording must be "substantially the same" so the OP should choose the clause based on what the contract is for - supplies or services - and then re-word it to meet the OP's need. In re-wording its reference number would still be either -7 or -8.
With decision made to place either -7 or -8 in the solicitation/contract the OP would then make a decision as to whether "any or all" wants as enumerated in the prescription of -9 are also wanted in the contract and place -9 in the contract "substantially worded" as necessary.
My reference besides the FAR -