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  • Question

    If I evaluate the 6 month extension provided by FAR 52.217-8 up front along with the other option years, is it ok to go over the 5 year duration stated in FAR 17.204(e)?


    Answer

    1. The FAR and DFARS references quoted below in pertinent part are applicable to this response.

    FAR 17.204 -- Contracts
    (e) Unless otherwise approved in accordance with agency procedures, the total of the basic and option periods shall not exceed 5 years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies. These limitations do not apply to information technology contracts.

    DFARS 217.204 -- Contracts
    (e)(i) Notwithstanding FAR 17.204(e), the ordering period of a task order or delivery order contract (including a contract for information technology) awarded by DoD pursuant to 10 U.S.C. 2304a—
      (A) May be for any period up to 5 years;
      (B) May be subsequently extended for one or more successive periods in accordance with an option provided in the contract or a modification of the contract; and
      (C) Shall not exceed 10 years unless the head of the agency determines in writing that exceptional circumstances require a longer ordering period.

    2. As set forth in FAR 17.204(e), multiple year contracts may not exceed five years unless otherwise approved by agency procedures. Pursuant to DFARS 217.204(e)(i)(C), DoD contracting activities have the authority to award multiple year contracts for up to ten years without obtaining higher level approval. Therefore, notwithstanding FAR 17.204(e), a DoD Contracting Officer may evaluate and award a competitive solicitation for a multiple year contract for five years and six months (i.e., base year, four 1-year options, and one 6-month option) under this authority without the need to process a J&A for the pre-established 6-month option period.


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