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