Sign In
  • Question

    Is there a way I can extend the period of performance without getting a 5 year deviation? Is there a clause I can reference which allows the contractor to complete delivery once the period of performance has expired? Thank you.


    Answer

    The assumption is this must be a multi-year contract IAW FAR subpart 17.1 or else the 5 year limit wouldn't be an issue. 

    There is a big difference between extending the contract to get more supplies vs. extending it so the contractor can "complete delivery".  The government shouldn't have to extend the contract because the contract is not physically complete. NASA could choose to accept the supply if it meets quality standards even if delivered late and that would authorize the  payment. Using FAR 17.106-1(b), it's in the FP family of contracts so it's not like you will be authorizing more money.

    We do not know all the facts of the scenario. Having said that, it sounds like either the contractor wants an extension so NASA can't say they were late on delivery. Or, perhaps the goverment's hands aren't completely clean and they may be partially responsible or more for the delay. If that's the case, look at the Government delay of work clause 52.242-17.

    Open full Question Details
Chat with DAU Assistant
Bot Image