Procurement Information Circular
December 29, 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 an extension of the previous class deviation from the requirements of Federal Acquisition Regulation (FAR) 17.204(e) and NASA FAR Supplement (NFS) 1817.204(e). 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) 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 second protest and a filing with the United States Court of Federal Claims. Consequently, it is necessary to extend the period of performance for several existing protective services contracts 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 legal issues is anticipated within 4 - 6 months, and specific NPSC Center contracts will commence full performance within 90 days of any legal resolution, 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) 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 ultimately will be performed under the NPSC.
Contracting officers are authorized to extend these contracts through May 31, 2010. Additionally, Contracting officers are authorized additional extensions in monthly increments beyond May 31, 2010, through December 31, 2010.
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: email@example.com.
William P. McNally
Assistant Administrator for Procurement