Schultz Posted May 21, 2019 Report Share Posted May 21, 2019 When is it permissible for a prime contractor to sole-source a requirement to a subcontractor, rather than competing it among multiple subs? Link to comment Share on other sites More sharing options...
Neil Roberts Posted May 22, 2019 Report Share Posted May 22, 2019 When non-competition can be adequately justified in writing. There are many reasons that have the potential to adequately justify non-competition. Are you looking for a list of common justifiable categories. Or do you have a fact situation you can share, which may turn out to be more helpful to you and those who offer responses to this posting? Link to comment Share on other sites More sharing options...
Schultz Posted May 22, 2019 Author Report Share Posted May 22, 2019 Yes, a list of common justifiable categories would be great. Is there a FAR clause that speaks to justifiable situations? Our prime contract is an IDIQ (1 year base, plus 4 year options) under which we will have issued Task Orders for IT support work. Link to comment Share on other sites More sharing options...
Retreadfed Posted May 22, 2019 Report Share Posted May 22, 2019 Schultz, is FAR 52.244-5 in your contract? If it is, have you read it? Link to comment Share on other sites More sharing options...
Schultz Posted May 22, 2019 Author Report Share Posted May 22, 2019 No, it's not in our prime contract. Link to comment Share on other sites More sharing options...
Retreadfed Posted May 22, 2019 Report Share Posted May 22, 2019 What type of prime contract do you have? If that clause is not in your contract, what contractual requirement do you have to obtain competition when awarding subcontracts? Link to comment Share on other sites More sharing options...
Guest PepeTheFrog Posted May 22, 2019 Report Share Posted May 22, 2019 Have you read the prime contract? Or are you looking for special wisdom or divine knowledge outside of the contract? 5 hours ago, Schultz said: Is there a FAR clause that speaks to justifiable situations? Is there a FAR clause in the contract? Or are you trying to anticipate possible FAR clauses that may be inserted into future task orders? Link to comment Share on other sites More sharing options...
Neil Roberts Posted May 22, 2019 Report Share Posted May 22, 2019 6 hours ago, Schultz said: Yes, a list of common justifiable categories would be great. Is there a FAR clause that speaks to justifiable situations? Our prime contract is an IDIQ (1 year base, plus 4 year options) under which we will have issued Task Orders for IT support work. You may take a look at the below and see if it helps you. While the FAR cited therein controls the government actions, regarding full and open competition, nothing prevents contractors from borrowing FAR provisions to establish similar contractor policies and processes. https://www.ncmahq.org/docs/default-source/magazine-articles-(top-stories)/march-2019/turley.pdf?sfvrsn=6c45022b_2 Sounds like your situation is about staying with the existing IT firm. Every situation is unique in its justification. Talk to the technical people and ask them to provide specific rationale and a cost estimate for each rationale that supports why changing sources would cost you and the government more money, schedule delays, etc. If you can't come up with adequate justification, bid it out. There may be a good chance that the incumbent would be the best value anyhow since they possess unique knowledge and experience. Link to comment Share on other sites More sharing options...
joel hoffman Posted May 23, 2019 Report Share Posted May 23, 2019 How is the price for an IT support task determined/established? Link to comment Share on other sites More sharing options...
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