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  2. This has been asked many times. The answer is that policy and practice vary from agency to agency.
  3. There is no FAR requirement to allocate hours to specific labor categories, but it might be a good idea. Think about it.
  4. Hi all, when awarding an IDIQ for a civilian agency should we be citing funds for the minimum guarantee on the base IDIQ or immediately be issuing a task order that has the funds? To be clear, I mean getting a purchase request that has a line of accounting then commit and record an obligation for the minimum guarantee (I saw a few threads where nomenclature seemed important on this topic). Seems our office does both with some COs vehemently opposed to putting money on the base IDIQ and others who don't care, just wondering if there's advantages/disadvantages to either method. The COs that are
  5. From a Contractor standpoint, not sure how a single agreement would work for multiple parties. Each Contractor may have different outlooks regarding exceptions to terms and conditions or business matter additions or exceptions. Typically, Contractors prefer not to share their contract language with competitors.
  6. @C Culham What do you think? If we could simply decide whether to make a MAC (1) a single agreement with multiple parties or (2) multiple separate agreements, which approach would be in the best interests of all involved? I guess that in order to answer that question we would have to think through the implications associated with each approach.
  7. I stand corrected on No. 1 and your follow-up regarding definition. I should have looked there. The differentiation that you next mention, pursuant specifically to the FAR, is understood.
  8. Thank you for the info and for correcting my word mix up of base versus pool. I corrected the title in case that may help others with a similar question. Again, thanks!
  9. "On cross-examination, never ask a question to which you don't already know the answer." -- Harper Lee
  10. @C Culham I'm confused by two of the entries at the beginning of your last post. A multiple-award contract is not a solicitation. According to FAR 2.101 it's a contract. Award is the act of accepting an offer. In the FAR 2.101 definition of multiple-award contract. As for FAR 52.215-1, the phrase "make multiple awards" in paragraph (f)(6) does not necessarily mean the same as "award a multiple-award contract." A CO can make multiple awards (award multiple contracts) without awarding a multiple-award contract as defined in FAR 2.101.
  11. My thinking but not yet a conclusion. “Multiple Award Contract” One solicitation that results in more than one contract. “Multiple” – “having or involving several parts, elements, or members” Ref. Online dictionary “Award” – “To take a bid for a contract” Ref. Online dictionary “Contract” – “An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a binding contract>. 2. The writing that sets forth such an agreement...” Ref. post by Vern Edwards Here I believe the definition relates to "an" agreement
  12. For those who didn’t see it, SBA recently put out guidance on how the 8(a) program term extension will work. The guidance provides some nice examples of how the process will play out. The guidance has some straight forward scenarios for how SBA will process the 8(a) term extension. Remember, there is still time until March 15 to provide comments on SBA’s 8(a) term extension rule. Here are some of the highlights. Who is Eligible? Firms that were in the 8(a) Program between March 13, 2020, and September 9, 2020 can get an extension. Firms that terminated, early graduated, or vol
  13. You answered your own question. You will always get 0% of anything you do not ask for.
  14. @Neil Roberts Almost anything you could think of. Nobody knows how each of those contracts actually work over the course of millions of orders each year, not even their administrative contracting officers, and certainly not DAU. I'm looking for inputs from people who think they know what they are and how they work. @joel hoffmanThanks.
  15. Yesterday
  16. I do not know much about Multiple Award Contracts. Here is what Defense Acquisition University (DAU) indicates: "IDIQ: Multiple Award A new multiple award IDIQ contract containing the scope of products or services that can be ordered against it may be established and awarded to multiple vendors. When the need arises to place orders against the multiple award contract, all awardees holding a base contract are requested to submit a proposal to provide each contractor a fair opportunity to be considered for each order." In the above statement, I don't see the consideration that I w
  17. Because all the guaranteed minimums to other pool members are included in the maximum contract amount One contractor theoretically can win all orders but you must subtract the guaranteed minimums from the max total Total contract amount would be sum of all orders plus sum of all guaranteed minimums to the rest of the pool. So you can just say something to the effect that the maximum contract amount is $XXXX, including the minimum guaranteed amounts for all pool members.
  18. No one contractor in a MATOC can win orders for the max contract amount. So explain that - that’s the short of it.
  19. I was referring to one contract with multiple parties. The best way to do it is probably not to bother setting individual maximum limits. Simply state in the single solicitation and resulting contract(s) the max contract limit, which includes minimum guaranteed amounts to each awarded pool member. This would be applicable for single awarded contract or separately awarded contracts, alike. So you can just say something to the effect that the maximum contract amount is $XXXX, including the minimum guaranteed amounts for all pool members.
  20. To all readers: Please understand that I am speculating about these matters. I am not asserting anything except that I think the FAR is in some ways obscure with respect to the topic at hand. I do not claim to know the answers to the questions that I have posed. I'm just trying to figure things out.
  21. @joel hoffman Joel, please clarify what you are talking about---one contract with multiple parties or multiple independent contracts.
  22. @C Culham You're welcome, Carl, and thank you, in return. @formerfed FAR 16.504(a)(1) says How does that apply to multiple-award contracts (MACs)? If a MAC consists of one contract with multiple contractor parties 1. The parties might agree that one min for the contract might serve as consideration for all the contractors and that the government is promising to buy the min from any one contractor or some combination of contractors, but not from every contractor. If the parties expressly agree on that point, then it is likely to stand up in court. 2. All parties migh
  23. Agree. The only reason to state a separate individual maximum amount would be to recognize and account for the guaranteed minimum amounts within the overall maximum contract amount, for r the other pool members. The individual limit can be modified, if for some reason one or more firms drop out early.
  24. This was a thought provoking discussion. Thanks Vern. So if you have a $50 million maximum, for example, and you apply it as a cumulative amount in a contract clause applicable to the entire pool of all contract holders, it’s one thing - orders can be placed with contract holders in the pool up to the cumulative maximum. It’s a contract with multiple awards. But if the $50 million was divided up among the awards such as five awardees each with a clause saying the contract has a $10 million ceiling, it’s something different.
  25. Last week
  26. One additional thought. If a MATOC or MADOC is one contract with multiple parties, and if one contractor cheats to win an order during a fair opportunity, and if there is a protest, the cheat is discovered, and the protest sustained, would the other contractors have standing to sue the cheater for breach damages in a Federal district court? Are multiple-award contracts multilateral contracts? That possibility might interest some people.
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