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    This brings me to my question: Is it ok to extend ONLY the current TO before the final date (28 July 2011) using the 52.217-8 clause in the basic contract(which would govern the TO should there be a discrepancy) even though the basic contract will have expired while the TO continues? Do I just add the 52.217-8 clause to the TO when I do the extension? Or do we have to extend both the basic contract AND the TO which would require two separate J&As and PRs, I assume?


    Answer

    The following answer is based solely on the background and question provided  as we do not have all of the facts pertaining to your particular situation. We always recommend you consult your contracting officer and or legal for
    guidance.
     
    You may extend the PoP of the TO for up to six months.  Your team may do it as preferred in one month increments.  The thing you should consider is the administrative burden of three modifications if you are sure you will be  extending beyond the first month.  Your ordering clause, 52.216-18  appropriately lists the start and end dates of the basic contract.  That is identifying the period the Government can ORDER work, i.e. issue a TO.  The TO need not have the clause, it is included by virtue of being in the IDIQ contract.  Keep in mind, it is reasonable to have TOs performing beyond the ordering period of the contract.  If you order something on the last day of the ordering period, you are not expecting the contractor to be completed by   the end of the day.  52.216-18 states, "(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control."  should the contractor have further concerns.
     
     

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