If the Option to Extend clause was not inside the executed BPA contract, can I still extend but not exceed the 5 years AND are they allowed to place more funding on the contract. Can you point me in the direction to justify this if it’s justifiable? I have been researching but only finding information on 8.405-5(1) Duration of BPAs and FAR Part 13 BPAs.
This is answer is predicated on additional details being provided via a phone call with the question submitter.
It was unknown if this was a FAR part 13 BPA or a BPA against a Federal Supply Schedule, more research into the file will be necessary.
If it turns out to be a FAR part 13 BPA the following guidance was provided: see FAR 13.303-7; the BPA is considered complete when the purchases under it equal its total dollar limitation, if any, or when its stated time period expires. Because of the relative ease of establishing these types of BPAs the advice was to issue new BPAs. The BPA in question explicitely stated the ordering period expires on 30 Sep 21. IMO the ease of issuing a new one vice doing the scope determination to modify the expiration date is more in line with the intent of competition.
If it turns out to be a FSS BPA, the guidance is found at FAR 8.405-3(d) the advice is the same. The issuing Contracting Officer determined the ordering period would be only 2 years and expire on 30 Sep 21 and no extension of services clause was included in the BPA. Again, because of the ease of awarding these kind of BPAs (and they were multiple) the advice was to recompete them as opposed to going through the scope determination and approval process to modify the BPA to extend the ordering period.