Indefinite Delivery/Indefinite Quantity Contracting

1
Indefinite Delivery/Indefinite Quantity
Contracting

• Overview to Multiple Award Contracting

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

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.

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)

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

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

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

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

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 gt2,500
• Delivery orders are exempt from protesting award
  decisions
• Ombudsman hears issues on delivery orders

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

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

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

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