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Don,
I'm thinking about an order that would contain price and quantity information required by FAR 16.505(a)(6), but wasn't negotiated per the ordering language of the contract. In other words, the KO issues an order based on the Government estimate, as opposed to a negotiated price or agreement on IDIQ quantities for example. Could this be binding?
Thanks!
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Indefinite Delivery contracts for services and construction typically contain negotiated line items or otherwise contain ordering language that require negotiation, such as submission of a proposal in response to a RFP. Absent a negotiated price, contractor?s proposal, or agreement on quantities which require negotiation (as appropriate), how could such an order be binding?
Savvy or Unethical? Should the Federal Government be a Phantom Bidder in Reverse Auctions?
in Don Mansfield's Blog
A blog by Don Mansfield in General
Posted
This practice is entirely unethical. It goes against the guiding principle for the Federal Acquisition System to; "Conduct business with integrity, fairness, and openness."