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  • Question

    The above is from a previous AAP. This topic is currently being discussed as many options are being exercised. Defining the words "within 30 days" is interpreted that as long as it is within the 30 day period, so even 1, 5, 10 days before contract expiration is okay; is this correct? Some feel that it is really 30 days "prior to" contract expiration.


    Answer

    The FAR nor DFARS gives a specific definition for the word "within" as used in the clause FAR 52.217-9 Option to Extend the Term of the Contract (March 2000), therefore the common dictionary definition would be applicable. The word is used as a preposition in the clause and the following applicable (with #11 being the most applicable) definitions are found at www.dictionary.com:
     
     
    8. in the compass or limits of; not beyond: within view; to live within one's income.
     
    9. at or to some point not beyond, as in length or distance; not farther than: within a radius of a mile.
     
    10. at or to some amount or degree not exceeding: within two degrees of freezing.
     
    11. in the course or period of, as in time: within one's memory; within three minutes.
     
    If the regulation meant 30 days "prior to" the expiration date, then it would have specifically stated such. Also because the word "prior" is not defined in the regulations then it reverts to its common dictionary definition of "preceding in time or before".  In response to the specific question asked, "within 30 days" would be any time within the 30 day period of the expiration date. It is suggested that you consult with the Legal staff in your office to determine if there may have been some legal precedent set on this issue.

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