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Fair opportunity required in multiple award IDIQ AE contracts?


bja

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I have three IDIQ contracts for AE services that were awarded in accordance with the procedures in FAR subpart 36.6.

Regarding ordering procedures...........FAR 16.500 (d) states "The statutory multiple award preference implemented by this subpart does not apply to architect-engineer contracts subject to the procedures in Subpart 36.6. However, agencies are not precluded from making multiple awards for architect-engineer services using the procedures in this subpart, provided the selection of contractors and placement of orders are consistent with Subpart 36.6."

Since multiple awards were made, do I have to grant each of the AE contractors a fair opportunity to compete for each task order?

Or can I simply make a business judgement and award each task order without issuing to all three contractors each time?

If I am reading it correctly, I have a training manual from an AE class that I attended that says I do have to compete each task order, but it seems otherwise by reading FAR and talking to other agencies....

Any feedback would be appreciated.

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Doesn't the contract state what your selection of a firm off of the IDIQ will be based on?

Hopefully the informaton and instructions in the contract for placing orders follows the citaition you have provided in that simple "business judgement" will not be used and that you will determine, from the pool of multiple awardees the most capable to least capable firms to perform the order in general accordance with FAR 36.602-1 and then follow the steps of pricing the order as provided further in FAR 36.6.

You might want to read through this other WIFCON discussion for additional information...

http://www.wifcon.com/discussion/index.php?showtopic=322

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Thank you for the reference. It was indeed helpful. "Business judment" was my term.......The contract indicates the contract holders will be given "fair opportunity" for each task order. However, as I understand it, fair opportunity is not defined for orders under $5.5 million (all of our orders are under $5.5 million). The selection crieteria in FAR 36.6 was followed to make the contract award for each. Just tryng to establish the correct/best method of granting fair opportunity for each task order since it is not defined. The information provided in other discussion is very helpful.

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