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Showing results for tags 'FAR part 12'.
We have a suite of multiple award IDIQ contracts that was awarded using FAR Subpart 13.5 and share a ceiling of $5M. When running reports to track how much we had remaining against that shared ceiling, it appears as if we need to do a J&A ASAP so that we do not exceed our shared ceiling. The question came up as to whether we could exceed the current threshold of $7M afforded under FAR Subpart 13.5 since we awarded the contracts using FAR Subpart 13.5. Is there a prohibition against using FAR Part 6 as our authority and moving out of FAR Part 13 during contract administration?
Are FP w/ incentive and FP w/ award fee type contracts allowable under FAR Part 12? FAR Part 12.207 states that FFP, FFP with EPA contracts and time and materials contracts are allowable. However, FAR 12.207(c )(3)d states "The contract types authorized by this subpart may be used in conjunction with an award fee and performance or delivery incentives when the award fee or incentive is based solely on factors other than cost (see 16.202-1 and 16.203-1)." Does this mean that FP with incentive and FP award fee type contracts are also allowable under FAR part 12? What exactly does this mean?
FAR Part 12 is silent with regards to notification to unsuccessful offerors. However, under FAR Part 15 acquisitions, not only is the CO required to notify unsuccessful offerors (15.503), but are also required to specifically notify unsuccessful offerors for small business set-asides. Under FAR 15.503(a)(2) the CO must disclose the apparently successful offeror and provide an opportunity to all offerors to protest the size status of the business in accordance with FAR 19.302. In reading FAR 19.302, it specifically calls out FAR Parts 14 and 15 regarding the protest period, but does not speak to FAR Part 12 at all. Based on reading the regulation, it does not appear that awards made under FAR Part 12 require a pre-award notification to unsuccessful offerors (small business or otherwise). Let me point out that the acquisition I'm referencing is a large (>$50M ID/IQ) LPTA award for commercial "widgets". Thoughts?