Treating a Task Order as the IDIQ ordering instrument
Posted 11 February 2010 - 02:48 PM
Posted 11 February 2010 - 03:06 PM
For an idea of the level of justification required to satisfy GAO when choosing a single-award instead of a multiple-award IDIQ, see http://www.wifcon.com/cgen/293692.pdf.
All that case shows is that assertions unsupported by facts and analysis are not sufficient.
Posted 11 February 2010 - 03:09 PM
Posted 11 February 2010 - 05:12 PM
I should add that a contract for A-E, construction, and facility management services was a poor choice for single award by the Corps of Engineers.
Posted 28 June 2012 - 12:10 PM
Now agencies are making the multiple awards to comply with the wishes of Congress, but essentially making the task orders single award IDIQs. I don't know that such a practice is legal (or illegal), but I expect it to catch on since Congress recently made it more difficult to enter into single award IDIQ contracts over $100,000,000. I give it a few years before Congress catches wind of this (if they haven't already), and requires competition for IDIQ task orders (i.e., task orders that are essentially single award IDIQs) under IDIQ contracts or somehow cracks down on the practice. We could also see a decision stating that the practice doesn't provide all awardees a fair opportunity.
Is anyone aware that Don was correct 2 years ago? Is anyone aware of any protests, decisions, etc with using a multiple award IDIQ contract and then issuing a single IDIQ task order? After researching the practice here and through other sources, I'm not convinced its the way to go on a current solicitation. If anyone has used this FAR 1.102-4(e) 'not prohibited and therefore deemed innovative' practice and has any words of wisdom or advice please respond.
Posted 28 June 2012 - 04:10 PM
Posted 28 June 2012 - 04:41 PM
Posted 28 June 2012 - 05:59 PM
Posted 29 June 2012 - 07:49 AM
From what I know of these creatures, technical direction letters (TDLs) are used to specify the work to be performed under the overarching IDIQ task order. In effect, the TDL is a task order under a task order under an IDIQ contract.
DoN, the Navy uses them, called Technical Instructions (5252.242-9115 Technical Instructions). To use them off of an IDIQ Task Order, I presume the agency would cut a task order for x amount of hours, time, money, etc. and then issue a Technical Instruction under that task order that directs the contractor what to perform as long as it is within the general scope of the contract, 5252.242-9115(.
It sounds like what you two are describing is a modified way of doing this where they are issuing one task order for what appears to be a large amount of either money or time, and then just issuing TI after TI under it to direct the contractor and avoid fair opportunity for each of those taskings. In the case of using TIs, a multiple award IDIQ is not really the correct place to use it. That would be a very thin line you are walking with regards to fair opportunity since an IDIQ would be used for recurring defined requirements. I would think issuing a new task order would be the clean way to do it for each TI in the case of a multiple award IDIQ.
Posted 29 June 2012 - 10:20 AM
Posted 29 June 2012 - 11:40 AM
I know of one Navy contracting activity that uses the TIs as you described. The funding for each TI is added to the task order via modification. If not for the requirement for fair opportunity, the activity would not conduct business that way.
Yeah, I can't think of why you would want to use TIs on a multiple award IDIQ in the first place. You generally see them on development contracts where funding is added incrementally and the TIs are funded via SLINs.
Posted 30 June 2012 - 01:27 PM
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Posted 02 July 2012 - 09:22 AM
BTW - I've learned more reading the WIFCON forum in the past 6 months (since I stumbled upon it) than in all the 1102 training classes in the past 3 years.
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