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Fair Opportunity - IDIQ Initial Task Order


Weno2

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Scenario:  Solicitation is a combination firm-fixed-price/multiple year IDIQ-contract type for the awardee to process claims (services).  Offerors will submit prices for each year of the ordering period (Minimum/Maximum/Best Estimated Quantity (BEQ):  Quantity unit is BEQ) and the government will award two contracts (multiple awards). FAR 52.216-27 Single or Multiple Awards is in the solicitation and the evaluation criteria (Performance Price Tradeoff Process) will notify offerors that the government will award multiple contracts. 

FAR 16.505(b)(1)(iii)(B)(1) reads: 

(B) The contracting officer shall—

(1) Provide a fair notice of the intent to make a purchase, including a clear description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made to all contractors offering the required supplies or services under the multiple-award contract.

Does the information in the solicitation (notifying offerors that the government will issue multiple contracts, Section B (Schedule of Prices/Costs), Section I (Indefinite Delivery clauses and clause notifying contractors that government will provide offerors fair opportunity according to FAR 16.505(b), Section L requiring offerors to submit technical proposals and pricing according to Section B, and Section M (evaluation factors)), provide contractors with fair notice of intent for the initial task order?  Or does the solicitation (e.g. Section M) have to provide instructions to provide offerors will specific instructions to provide fair opportunity for the initial task order?

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It sounds like your solicitation is for the parent IDIQ contract(s).

The FAR does not require issuance of the first task order simultaneous with the award of the parent IDIQ contract -- however, I understand some agencies do so require.  If you choose to issue the first task order simultaneous with the award of the parent IDIQ contract, then you need to provide for that outcome in your solicitation for the parent IDIQ contract.

FAR 16.505(b) only applies after award, and only applies to multiple-award IDIQ contracts.

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If you plan on issuing a task order off of the basic IDIQ solicitation, Section L & M will need to speak to that fact. After all, it is an order and should be issued pursuant to the solicitation requirements, which I presume would implement 16.505 Fair Opportunity as necessary.

While not required, "seed projects" are relatively common during the initial source selection of IDIQs. A Google search of 'IDIQ seed projects' should give you some ideas of what others are doing for non-personal, non-inherently governmental service contracts.

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When evaluating proposals for the award of multiple award contracts, it is common to use “sample” task orders to obtain technical and price information you will use to make source selections. Afterwards, the agency issues the solicitation and evaluated proposals for the first “real” task order. There is no reason why you cannot use the evaluation of first “real” task order as the basis for making your multiple award contract source selections and for issuing your first task order.

 In your Section M, tell the potential offerors

  1. You will award multiple award contracts based upon your evaluation of technical and price proposals for the first task order to be issued under the contracts.

  2. You will also award the first task order under the multiple award contracts at the same time you award the contracts.

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I've used sample task orders in previous IDIQ procurements and awarded the initial task order (e.g. sample task order) simultaneously with the basic IDIQ K.

I'm not seeing the logic (i.e. blind spot) of asking for a sample task order when the performance work statement (PWS) for the sample task order is the same as the PWS in the basic solicitation.  Why conduct a technical evaluation for the sample task order when the PWS and evaluation criteria would be the same as the base solicitation.  Why could the government state in Section L that we're asking for pricing for the sample task order and rely on the technical evaluation of the basic solicitation, and state in Section M that the government will award the first task order based on the base solicitation technical evaluation and the pricing the government is asking for in Section L for the sample task order?

First time I've heard the term "IDIQ seed project."  Wifcon had a discussion regarding seed projects in 2012:  http://www.wifcon.com/discussion/index.php?/topic/1677-seed-project-required/

 

 

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Often the term sample and seed is used interchangeably, but I think this can cause confusion.

For me, "sample projects" are not real projects or the offerors prices are not binding (will not result in an order/award). The sample prices are being provided for a specific purpose other than determining meaningful or adequate competition or price fair and reasonableness. Whereas "seed projects" are real projects with binding prices that can be used in determining competition and price fair and reasonableness (may result in an order/award).

Wifcon is a great resource...you can Google most things and put 'wifcon' at the end of your search string and find some discussion.

 

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