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