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Is it permissible to award an 8(a) sole source single award AE IDIQ? FAR 36.101 appears to prevent such a contemplated award, as requirements exist within FAR Subpart 36.6 that may be challenging to meet under such an acquisition type. A Few Relevant References (Specific Areas of Interest Included as Blue Font): Subpart 36.1 - General 36.101 Applicability. (a) Construction and architect-engineer contracts are subject to the requirements in other parts of this regulation, which shall be followed when applicable. (b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved. 36.602 Selection of firms for architect-engineer contracts. 36.602-1 Selection criteria. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts, the relative utility of alternative methods and feasible ways to prescribe the use of recovered materials and achieve waste reduction and energy-efficiency in facility design (see part 23). 36.602-3 Evaluation board functions. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. Your thoughts are most appreciated! -
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.