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Section 217.204: Contracts.

      (e)(i) Notwithstanding FAR 17.204(e), the ordering period of a task order or delivery order contract (including a contract for information technology) awarded by DoD pursuant to 10 U.S.C. 2304a-

          (A) May be for any period up to 5 years;

          (B) May be subsequently extended for one or more successive periods in accordance with an option provided in the contract or a modification of the contract; and

          (C) Shall not exceed 10 years unless the head of the agency determines in writing that exceptional circumstances require a longer ordering period.

        (ii) DoD must submit a report to Congress, annually through fiscal year 2009, when an ordering period is extended beyond 10 years in accordance with paragraph (e)(i)(C) of this section. Follow the procedures at PGI 217.204(e) for reporting requirements.

        (iii) Paragraph (e)(i) of this section does not apply to the following:

          (A) Contracts, including task or delivery order contracts, awarded under other statutory authority.

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

          (C) Definite-quantity contracts.

          (D) GSA schedule contracts.

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

        (iv) Obtain approval from the senior procurement executive before issuing an order against a task or delivery order contract subject to paragraph (e)(i) of this section, if performance under the order is expected to extend more than 1 year beyond the 10-year limit or extended limit described in paragraph (e)(i)(C) of this section (see FAR 37.106 for funding and term of service contracts).




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