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  • Question

    Can a Broad Agency Announcement have period of performance exceeding five years?


    Answer

    Your inquiry did not include specific information of how your contract would be structured, therefore, the following information is provided:
     
    For Multi-year contracts (contracts without options), FAR 17.104(a) states, “…for up to 5 years unless otherwise authorized by statute….” (See also DFARS 217.170)
     
    For contracts with options, FAR 17.204(e) states, “…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.”  (See FAR 17.200(c)).  If a statute does not apply, your agency may waive the contract limitations stated in FAR Subpart 17.2 
     
    DFAR 217.204 allows the ordering period of a task or delivery order contract to not exceed 10 years. 
     
    We highly recommend that you seek legal counsel should you plan to exceed the stated 5-year limits of FAR Part 17.


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