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  • Question

    Does the phase-in period count towards the basic contract period? In other words, does the tentative CLIN structure above exceed the 5 yr limitation?


    Answer

     
    The Federal Acquisition Regulation provides for a Continuity of Services clause (FAR 52.237-3) which describes a phase-in training program.  The United States Court of Appeals, Federal Circuit ruled in Arko Executive Services Inc v. US. 21 Jan 2009, No. 2008-5011, that the limitation of the contract duration to five years… does not preclude extensions beyond five years.  They also wrote that the purpose of the Continuity of Services clause is to facilitate the transition from one contractor to another or the government and noted that FAR 52.237-3 contemplates phase-in, phase-out services of a kind different from the usual services performed under the contract. 
     
    However as you have listed in NASA Supplement, your Agency may have additional guidance on the 5 year service policy.  It is recommended that you consult your legal counsel for a final determination. 


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