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Indefinite Delivery/Indefinite Quantity Contracting

Indefinite Delivery/Indefinite Quantity Contracting. Overview to Multiple Award Contracting. Indefinite Delivery/Indefinite Quantity Contracts. Procurement Planning/Acquisition Strategy Follow agency guidelines Type of contract planned (IDIQ)

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Indefinite Delivery/Indefinite Quantity Contracting

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  1. Indefinite Delivery/Indefinite Quantity Contracting Overview to Multiple Award Contracting JSC Procurement Forum

  2. Indefinite Delivery/Indefinite Quantity Contracts • Procurement Planning/Acquisition Strategy • Follow agency guidelines • Type of contract planned (IDIQ) • Acquisition plan will state if multiple or single award is planned • Publicizing contract action • See FAR part 5 • Competition requirements • See FAR part 6 • Full and open competition • Small business Set-aside • Small Business Administration 8(a) Set-aside • Consider grouping multiple award to maximize SB/SDB participation • Streamlined Techniques for Award of contracts. • NASA Midrange • Others forms that may be available JSC Procurement Forum

  3. Indefinite Delivery Contracts • Three Type of Indefinite Delivery contracts • definite Quantity • requirements contracts • indefinite-quantity contracts • Definite-Quantity • exact quantity of specific supplies or services for fixed period with deliveries to be scheduled. • Requirements Contracts • Fill all actual purchase requirements of the government activity for the supplies or services during the contract period. • Indefinite-Quantity • unspecified quantity, within stated limits, of supplies or services to be furnished during a fixed period. JSC Procurement Forum

  4. Indefinite Delivery/Indefinite Quantity Contracts • Focus on Indefinite Delivery/ Indefinite quantity (IDIQ) • Known as Delivery order or Task order contracts • Single award IDIQ contracts • Pre FASA agencies used large single award IDIQ contracts • avoid delays with re-competition & award individual contacts for the same service or items • avoid legal challenges of multi-award IDIQ • Multiple-Award IDIQ contracts(two or more sources) • FASA(1994) established a preference for multiple-award IDIQ • Eliminated legal challenges to multi-award IDIQ • Continuous benefits of competition after award • FASA makes preference to multiple award, not a requirement. Use of single award IDIQ contract should be considered if in the best interest of the Government. • FAR gives guidance (FAR 16.5) JSC Procurement Forum

  5. Indefinite Delivery/Indefinite Quantity Contracts • Multiple-Award IDIQ for Architect-Engineering Services • Multi-award preference does not apply to A-E services subject to FAR part 36.6 • Multi-award is not precluded on A-E services provided selection and placement of orders is consistent with FAR 36.6 • Multiple-award IDIQ for Advisory and Assistance services • No preference to multiple award under 3 years and $10M • Mandatory for contracts exceeding $10M and 3 years in duration JSC Procurement Forum

  6. Indefinite Delivery/Indefinite Quantity Contracts • Procurement Planning/Acquisition Strategy • Market research/commercial practice • Synopsis of planned acquisition • Type of contract • fixed price • cost reimbursable • Hybrid • Draft solicitations • Set-aside considerations • Use of several functional areas or groups of services JSC Procurement Forum

  7. Indefinite Delivery/Indefinite Quantity Contracts • Statement of Work must reasonably describe the general scope of supplies or services • avoid being so vague that SOW fails to describe the general purpose. • SOW too vague may result in a challenge too any delivery orders as being outside the scope of the contract • Protest may be filed at contract level for delivery order on the basis of increase of scope of contract JSC Procurement Forum

  8. Indefinite Delivery/Indefinite Quantity Contracts • Number of contracts to award • Make a reasonable number of awards • Too ensure competition • Avoid to many that is burdensome in the ordering process • Too many leads to over expectation on the part of contractors • dilutes overall value to the contractors • reduces willingness to compete • Too few may limit competition in highly technical areas • Could have the effect of sole source orders JSC Procurement Forum

  9. Indefinite Delivery/Indefinite Quantity Contracts • Ordering Process on resultant contracts • Delivery orders are exempt from FAR part 6 • CICA met with original competition • task orders exempt from synopsize requirements • FAR part 16.5 requires each awardee SHALL be provided a “fair opportunity” to be considered for each order >$2,500 • Delivery orders are exempt from protesting award decisions • Ombudsman hears issues on delivery orders JSC Procurement Forum

  10. Indefinite Delivery/Indefinite Quantity Contracts • Fair Opportunity for award of orders • GAO and DODIG continue to investigate concern of fair opportunity • Practice of designating a preferred source for specific supplies is not consistent with exceptions of FAR 16.505(b)(2) • Selection criteria must be stated in the solicitation and contract • Ensure the order selection criteria is clearly defined • FAR 16.505 provides some general guidelines • Technical merit, follow-on to other task/delivery orders, etc JSC Procurement Forum

  11. Indefinite Delivery/Indefinite Quantity Contracts • Task order/Delivery order Content • Orders should clearly define the service/supply • Performance based work statement • completion form work statement • Avoid large undefined work statements that result in sole source to a selected awardee by sole source in later tasks or modifications • Cannot not use Level-of-Effort statement of works • Mandatory vs Non-Mandatory order submission • assures competition • flexibility of offeror to determine task to quote JSC Procurement Forum

  12. Indefinite Delivery/Indefinite Quantity Contracts • Selection criteria/ task/delivery order • Streamlined selections • Oral proposals • Written proposal • Discussion • Formal evaluations plans or scorings not required • must have appropriate documentation • all selection documentation must be documented and in sufficient detail to be convincing • sole source follow-on work should have provided fair opportunity under the original order • Price must be considered along with other factors and stated in documentation JSC Procurement Forum

  13. Indefinite Delivery/Indefinite Quantity Contracts • Post award conferences Task/Delivery Order • Make this decision up front and be consistent • Enhance competition/quality of services • Administration • Task order evaluations • Task/Delivery Order Administration • Performance evaluation of task/delivery order • Objective & subjective evaluation • Past performance impact on selection of future orders JSC Procurement Forum

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