Does 52.216-22(d) include the 6 months under 52.217-8?

Started by Freyr · Jun 1, 2021 · 1 replies

  1. F

    Freyr

    Jun 1, 2021 · 5y ago · edited 5y ago

    Original post

    Hopefully this is a pretty straightforward question: We have a Task Order for 12 months that includes FAR 52.217-8 and ends on 9/30/2021. The IDIQ's ordering period ended on 9/30/2020. The IDIQ's clause 52.216-22 paragraph d states "Contractor shall not be required to make any deliveries under this contract 12 months after the last day of the ordering period." My question is, since exercising the -8 on the task order would put it outside of the 12 month period after the last day of the ordering period are we not allowed to use it? 

    Edit: Follow up less straightforward question: If the above answer is that we can't extend ... The clause 52.217-8 states that it needs to be exercised 30 days prior to the contract performance period. The contract defines "contract performance period" as the period stated in 52.216-22 (which is technically 12 months after the ordering period right?). So even though the ordering period has ended, would we be able to exercise the -8 on the IDIQ to extend it's ordering period to March 2020 thereby allowing us to extend the POP of the task order an additional 6 months via the -8 on the task order? I'm guessing the answer is no because it feels like I'm stretching things way too far here since the ordering period is up and it makes no sense to retroactively extend an ordering period when you're 2 months past the last date you would have been able to place a new order anyways.

  2. j

    ji20874

    Jun 1, 2021 · 5y ago

    I only know what you have shared, but you said the task order ends on 9/30/2021 and the parent contract's ordering period ended on 9/30/2020.  The fill-in for FAR 52.216-22 is "Contractor shall not be required to make any deliveries under this contract 12 months after the last day of the ordering period."

    It sounds to me like you are done.  The contract says what the contract says, right?  Tell your contractor to finish the work before 9/30/2021.  You might terminate for default (or cause) if the contractor fails.

    However, if you need to extend the period of performance because of a change, Government delay of work, excusable delays, or other situation that allows for an equitable or other adjustment to the contract, you can do the extension under the authority of the governing clause rather than an option clause.

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