09-04

Procurement Information Circular


March 25, 2009

CLASS DEVIATION – FIVE YEAR TERM OF CONTRACT

PERIOD OF PERFORMANCE EXTENSIONS FOR CONTRACTS

THAT CONTAIN REQUIRMENTS AWARDED UNDER THE

NASA PROTECTIVE SERVICES CONTRACT (NPSC)

 

PURPOSE:  To provide a class deviation from the requirements of Federal Acquisition Regulation (FAR) 17.204(e) and NASA FAR Supplement (NFS) 1817.204(e)(iii).  This class deviation applies only to existing contracts containing requirements that will ultimately be provided under the NASA Protective Services Contract (NPSC) when the NSPC protest is resolved.  The NSPC is expected to be available for use in the near future.

 

BACKGROUND:  FAR 17.204(e) and NFS 1817.204(e)(iii) limit the terms of service contracts to five (5) years including the basic contract and all options. 

 

Use of the NSPC contract, which will provide consolidated protective services on an Agency-wide basis, had been delayed due to a protest.  Consequently, it is necessary to extend the period of performance for several existing protective services contracts at various locations to ensure continuing service until the NSPC is available.  In some cases, the extensions will cause existing contracts to exceed the five year maximum period of performance.  Because resolution of the NSPC protest is imminent, it is not in NASA’s best interest to award competitive contracts to bridge the period between current contract expirations and award of the NSPC.    

 

GUIDANCE:  A class deviation from FAR 17.204(e) and NFS 1817.204(e)(iii) is hereby provided to authorize contracting officers, with the approval of the procurement officer, to extend the period of performance on existing contracts that contain requirements that will be ultimately performed under the NPSC. 

 

The contracting officer is authorized to extend existing contract periods of performance as follows:

 

-          For contracts that expire between the effective date of this deviation and August 30, 2009, an incremental extension may be made to August 31, 2009.

-          For all contracts expiring on or after August 31, 2009, including those that were extended to August 31, 2009, incremental, one-month extensions may be granted up to a total of seven extensions, not to exceed a March 31, 2010, completion date.

-          Accordingly, the total maximum extension permitted under this class deviation is 12 months. The maximum 12 month period would be available only for those contracts expiring in March 2009.

-          Extensions beyond the periods described in this deviation must be supported by an additional deviation and approved by the Assistant Administrator for Procurement.

 

Other regulatory requirements, such as synopsis, JOFOC, etc., are still applicable.

 

This deviation also applies to contracts initially awarded for a period of more than five (5) years.

 

EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until the NPSC Center Task Orders period of performance begins.

 

HEADQUARTERS CONTACT:  Monica Manning, Program Operations Division, (202) 358-1050, email: monica.y.manning@nasa.gov.

 

 

          /s/

William P. McNally

Assistant Administrator for Procurement

 

 

 

DISTRIBUTION:

  PIC List