WhoFARted?

Joel, the TO does not definitize quantity or total price, subject to the ramp-up schedule discussed above. To me, setting a NTE price on a FFP CLIN (the only CLIN in the TO) implies that a definitization schedule is forthcoming, which was not the case. Otherwise, the CLIN is essentially a Cost Reimbursement CLIN disguised as FFP, which the IDIQ does not envision or authorize. What's the authority for "FFP Construction ... estimated unit-priced quantities of work but the scope of work itself is identifiable...the government could put an NTE price in the award"?

Joel, not exactly. The unit prices are provided and a ramp-up schedule that states a range of quantity per day to be expected.

It contains the standard ordering clauses: 52.216-18, 52.216-19. Also 52.216-22 is included. Use of the NTE price in the FFP TO is the source of my confusion.

My agency cut an IDIQ K for emergency services. A KO subsequently cut a FFP Task Order off that K. The Task Order pulled the unit price from the IDIQ K, stated a quantity of "1", quantity type was "job" and a Not To Exceed total price was inserted. My question is: is this a definitized contract action? The DFARS indicates that a KO (with HCA approval) may issue a undefinitized Task Order and details the procedures. DFARS 217.74. Also, I'm wondering, assuming the Task Order was a UCA and no HCA approval was obtained (for the TO itself and to exceed 50% of the NTE amount), is the next step processing as an unauthorized commitment?