Three multiple award IDIQs were awarded a few years ago to procure systems for testing and possible deployment if it passed testing requirements. The agency intended to compete among the multiple awardees to determine which systems to deploy. It turns out only one awardee passed testing, so the agency closed out the contracts with the awardees who had products that did not pass testing. Given there is only one contract to order supplies and services, is this contract still considered a multiple award contract? I'm trying to determine if I need to execute a justification to procure using exception to fair opportunity or not when placing an order under the IDIQ with the awardee who did pass testing. It's been recommended I complete one just in case, but I'm not convinced it's necessary since there are no other awardees to give fair opportunity to. Appreciate your thoughts and insight in advance.
I issued a request for pricing for a sole source single award IDIQ contract for services with a five year ordering period. In Section B the contract required fully burdened labor rates for each year of the contract to be used for T&M type orders and FFP type orders. The contractor refuses to provide fully burdened rates for FFP orders stating labor rates are not relevant to the FFP contract value and this approach places significant risk to the contractor. They also argue this approach is not aligned with FAR since they cannot provide a certificate of current cost and pricing data for applicable orders when using out year rates that may be different from actual current labor rates at the time of placing an order. I don't understand what the difference is between establishing labor rates for any contract type and establishing rates in a FPRA. Their position that the labor rates are not relevant to the total value is not totally sound to me as the established rates would be used against the contractor's proposed level of effort that would build to the total FFP value. All GSA Schedules have burdened rates used when developing FFP orders and I've also seen this done on BPAs. I offered to negotiate separate T&M rates from the FFP rates because to me the only difference is profit but this was still unsatisfactory. I don't understand why this is a hard pressed issue for the contractor. I think this is a standard practice to negotiate labor rates for up to five years as is done with GSA and DCMA. Is there any reason why it's not appropriate to negotiate fully burdened rates for FFP orders? Is the contractor's claim about certified cost and pricing data true?