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Award Term and 5 year limitation

By Anonymous on Friday, January 05, 2001 - 06:50 am:

Here's a question from "Ask A Professor" for you:

"Contract Length
Posted to Pre-Award Procurement and Contracting on 12/21/00 by XXX

The Scenario
I am planning on implementing the "Award Term Incentive" on a contract that has some of the task orders classified under Contract Advisory Assistance Services (CAAS)of which special funding is provided.

The Question
IF I have CAAS am I limited to a 5 year contract even with an incentive for excellent performance?

Answer: No answer available at this time."


By bob antonio on Friday, January 05, 2001 - 08:44 am:

We had a discussion about this some time ago and I believe it was decided that the 5-year limitation did not apply. I could not find the thread this morning but maybe someone else can.


By bob antonio on Monday, January 08, 2001 - 12:13 pm:

Here is the thread I noted. Its is entitled "Extending a Federal Services Contract" and can be found at

http://www.radix.net/~ambrose/forumarcE.htm

There are a number of notes that may be useful.


By Anonymous on Monday, February 05, 2001 - 05:21 pm:

Legal yes - wise I think not! Recipe for incestuous relationships unless multiple award.


By John Ford on Tuesday, February 06, 2001 - 12:15 pm:

Another point, is the contract subject to the Service Contract Act? If so, you have to look to time limitations imposed by that Act, generally five years.


By Anonymous on Tuesday, February 06, 2001 - 12:47 pm:

Anonymous:

This section of the CFR seems to show that, under the SCA, contracts can extend beyond 5 years since each option period is condiered a new contract. For example, a base year of 6 years with 4-5year options. That would get you up to 25 years.

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=
29&PART=4&SECTION=145&YEAR=2000&TYPE=TEXT


By Anonymous on Tuesday, February 06, 2001 - 12:49 pm:

Sorry, it shoud read a base period of 5 years and 4, 5-year options.


By anon2 on Wednesday, February 07, 2001 - 08:04 am:

At a minimum, you will need a waiver of the regulatory requirement that a contract shall not exceed 5 years. I believe this is in FAR Part 17. There are several statutes that alllow a longer period, such as the term of a contract for IT; but if not covered by the other statutes and the SCA, the max on a service contract is 5 yrs.

You may want to read Vernon Edwards write-up on Award Term contracts located on this site. Mr. Edwards came to our office to brief on several new incentives - one included Award Term contracts and he referred us to examples of what some agencies are already doing. These contracts envisioned a longer period of performance but certainly not twenty five years. I would refere you back to Bob's comments regarding the incestuous relationship.

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