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  • Question

    are these practices permissible, and under what regulations? thank you


    Answer

    There are circumstances in which orders may extend beyond the contract period of performance. The clauses at FAR 52.216-20 (definite quantity), 52.216-21 (requirements), and 52.216-22 (indefinite quantity) contain language similar to the following:
     
    "Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ________________ [insert date]."
     
    New orders may not be issued if the contract period of performance has expired, but existing orders may be completed after contract expiration in accordance with the applicable clause language. Also, orders issued before contract expiration cannot be delivered beyond the date specified in blank fill-in date without extending the contract. Such contract extension would require an approved J&A if the action is deemed out of scope. Consult with your contracting officer and legal office for guidance in your specific case.
     

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