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    If we award the initial ICS task order for less then 12 months, can we later modify the task order, if required, to 18 months using next years procurement dollars without violating Fiscal law? One opinion we have been given is that we would have to award an entire new task order to cover the additional time greater then 12 months.


    Answer

    You have several issues which I will address.  Is the service severable or non-severable?  If it is non severable you might want to read the following AAP.
    AAP 120699
    https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=2&cgiQuestionID=120699

    Non-severable services constitute a specific, entire job or single undertaking with a defined end-product that cannot feasibly be subdivided for separate performance.  Non-severable services must be financed entirely out of the appropriation current at the time of award, even though performance may extend into future fiscal years.  Contracts for non-severable services cannot be incrementally funded. 

     
     There are two key decisions that support this:
     
    GAO Decision B-317139, Matter of Financial Crimes Enforcement Network (June 1, 2009) -
    http://www.gao.gov/decisions/appro/317139.pdf
     
    71 Comp. Gen. 428 (Jun 8, 1992) -
    http://www.gao.gov/products/456287#mt=e-report
     So if your services are non-severable you can’t wait for next year’s funds, everything has to be funded at award.
    If this service is severable you should have a contract in place to start when the first task order ends. You may not issue a new task order off an IDIQ that has expired and from what you wrote it sounds like it expires 30 Sep 2016.
    You mentioned a possible mod to extend the period of performance and if you have FAR 52.237-3 in the contract you could extend the contract by 90 days, but you want to extend it by 6 months. If a new IDIQ will be starting right after the current one expires you could issue a task order for the amount of time needed after the first 12 months.
    I also recommend you speak with your legal dept.



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