CANCELLED BY PN 04-01

04-09

Procurement Information Circular

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April 9, 2004

FIVE YEAR LIMITATION ON TASK AND DELIVERY ORDER CONTRACTS

PURPOSE: To implement Section 843 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136).

BACKGROUND: Section 843 amends the general authority for task and delivery order contracts at 10 U.S.C. 2304a to specify that task or delivery order contacts awarded under the authority of that section may cover a total period of not more than 5 years, including all options or modifications. This limitation applies to contracts awarded by NASA, DOD, and the Coast Guard.

GUIDANCE:

1. The ordering period for any task and delivery order contract awarded by NASA under the general authority at 10 U.S.C. 2304a shall not exceed five years, including options, modifications, or any other ordering period extensions (e.g., subsequent award term periods). Section 843 does not permit deviations, and the class deviation provided in PIC 00-22 may not be used to authorize extension of these contracts beyond the five years. The five year limitation does not apply to task and delivery order contracts awarded pursuant to other statutory authority, and the following awards are not subject to the section 843 limitation:

a. Advisory and assistance service task order contracts (authorized by 10 U.S.C. 2304b). These contracts are limited by statute to 5 years, with the authority to extend an additional 6 months (see FAR 16.505(c)).

b. Definite quantity contracts.

c. GSA schedule contracts.

d. Multi-agency contracts awarded by agencies other than NASA, DoD, or the Coast Guard.

2. Performance of orders placed within the ordering period may extend for up to one year past the end of the ordering period if the contracting officer determines that performance of the order cannot reasonably be deferred to any planned follow-on contract.

3. Orders that require performance of more than one year past the end of the ordering period must be approved by Code H prior to issuance. Centers shall submit approval requests, with full rationale for the necessity of placing the order, to Code HS at least two weeks before the planned issuance of the order.

EFFECTIVE DATE: The policy in paragraph 1 of the Guidance section applies to all solicitations issued or contracts awarded after the date of this PIC. The policy in paragraphs 2 and 3 of the Guidance section applies to task and delivery orders issued after the date of this PIC, regardless of the award date of the underlying contract. This PIC shall remain in effect until cancelled or superceded.

HEADQUARTERS CONTACT: Tom O’Toole, Code HK, 202-358-0478, email: thomas.otoole@nasa.gov.

James A. Balinskas

Director, Contract Management Division