FAR 52.216-22(d) and pricing

Sam,

You seem to be upset about something.  I hope it gets better.

Not upset, just surprised that a buyer can pay 2021's rates in 2026.

Okay.

The hourly rates to be paid in 2026 will be in accordance with the schedule contract or task order you bargained for.  But I have to wonder -- if the parent schedule contract's fill-in for FAR 52.216-22 is "60  months" and a new task order is issued during the 59th month, then does the "60 months" fill-in effectively limit that task order's period of performance to a maximum of one month?

Sometimes, different people have different perspectives.  If you believe a task order award to one of your competitors was based on that awardee quoting a labor category that does not meet the requirements of the FSS contract, you may be able to protest the award and let the protest tribunal provide its perspective, which might or might not align with yours depending on the facts.  If the task order award is under the protest amount, you might raise the matter with the agency's task order ombudsman.

Sam101 said:

Hello, am I understanding correctly that for FSS task orders if FAR 52.216-22(d) of the Schedule contract says "60 months" that it means that if on the last day of the FSS Schedule contract the hourly rate for a project manager is $100.00 per hour then for the duration of the entire 60 month task order period of performance the government will pay no more than $100.00 per hour for that labor category?

The blank in 52.216-22(d) is supposed to state a date, not a number of months.

Vern Edwards said:

The blank in 52.216-22(d) is supposed to state a date, not a number of months.

I agree!

Deleted

The following is noted, not sure it changes the discussion but words of a contract do count. 

52.216-22(d) in part states this in most GSA FSS contracts -  "...60 months following the expiration of the basic contract ordering period..."

And then here - https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedule/schedule-buyers/contracting-officer-guidance-schedule-ordering-procedures -GSA states this - 

"Before placing an order, verify that the FSS Schedule contract has FAR 52.216-22 (Oct 1995) to allow for the exercise of options on orders beyond the contract period. However, no orders or options on orders may extend more than 60 months after the expiration of the FSS Schedule contract"

Sam,

Is your fill-in "60 months" as you originally reported or "60 months following the expiration of the basic contract ordering period" as Carl wondered?

ji20874 said:

Is your fill-in "60 months" as you originally reported or "60 months following the expiration of the basic contract ordering period" as Carl wondered?

ji,

It says "the Contractor shall not be required to make any deliveries under this contract after the completion of customer order, including options, 60 months following the expiration of the basic contract ordering period."

This is in their FSS contract, if I were inputting this clause in an agency IDIQ I would phrase it the same... although as Vern mentioned it does say [insert date], in which case I would calculate the date and insert it... I never awarded an agency IDIQ, just BPAs so I never had to worry about that clause.