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Three multiple award IDIQs were awarded a few years ago to procure systems for testing and possible deployment if it passed testing requirements. The agency intended to compete among the multiple awardees to determine which systems to deploy. It turns out only one awardee passed testing, so the agency closed out the contracts with the awardees who had products that did not pass testing. Given there is only one contract to order supplies and services, is this contract still considered a multiple award contract? I'm trying to determine if I need to execute a justification to procure using exception to fair opportunity or not when placing an order under the IDIQ with the awardee who did pass testing. It's been recommended I complete one just in case, but I'm not convinced it's necessary since there are no other awardees to give fair opportunity to. Appreciate your thoughts and insight in advance.

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I don't think the remaining contract is still multiple award for purposes of FAR 16.505(b). It sounds like the possibility of ending up with only one contractor was inherent and obvious in the terms of the original contracts. If so, my thinking is that you don't need the justification ordinarily required by FAR 16.505(b)(2)(ii).

Bu I also think the answer to your question is more a matter of bureaucratic inclination than it is of clear law or regulation. If someone demands a justification you can always base it on the exception at FAR 16.505(B)(2)((I)(B).

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