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Good Afternoon,

Really appreciate any help I can get on this issue.

As I understand it, when you award a Multiple Award IDIQ Contract (MAC) the "rule of two" still applies to all future competitive awards that happen under that MAC contract. Additionally the "rule of two" as it pertains to small business applies inside and outside of the MAC aranagement. For example, if my customer proposes to compete a requirement under their newly formed MAC contract we first have to determine whether a small buseinss can do the requirement. Additionally we have to consider offerors outside of the MAC contract. Is this correct? I vaguly remember a GAO case about this but I could not find it in my searches.

Second Question:

Assuming a MAC is awarded, could you limit competition after initial task orders are award to specific regions, essentially establishing a sole source environment within the MAC contract for that particular region. Can you do this?

I would have originally said no but I reviewed the FAR in regards to establishing the ordering process under the MAC contract and it appears to be very open to interpretation. Does anyone see any concern if we establish at the time of the original solicitation within the intended MAC ordering process that once a Task Order is awarded for that region that region is in a sole source environment for any future work as long as it is for that specific region?

Thank you for your help.

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Ref Second Question - i think it all depends on the ground rules you establish in the solicitation about the ordering process and how you establish the regions in the solicitation. If you don't establish regions in the solicitation, then you are asking for trouble if you try to limit fair opportunity afterwards.

It's essentially the same approach as previous GWACs (Millennia Lite, CIO-SP2i, ImageWorld2) used with Functional Areas - vendor could bid on one or more functional areas and could receive an award in all, any or none of the areas they bid on. Each order afterwards was classified into one or more of the functional areas and only awardees with that (those) functional area(s) were given an opportunity to bid.

For ease of example, say you have 3 regions (north, south and west). If you are making a single award in each region, then each order under the MAC essentially becomes a sole source contract with your acquisition strategy focused on why you are using the MAC, not that vendor. If making multiple awards in a region, then you're competing each order for that region to meet fair opportunity process that you described in the solicitation and resulting contract. What happens if an order covers more than one region? Make sure you cover that scenario as well or rule it out completely

I think the harder part is justifying the single versus multiple award in each region at the MAC level.

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