Another reason why I don`t think the IDIQ would be appropriate is that my company wouldn`t be able to promise a minimum and wouldn`t do a very good job in estimating a maximum subcontract value. Update: A new SBA regulation has replaced the rule discussed in this post. Effective December 31, 2013, the new 13 C.F.R. 125.6 (f) states that “the period used to determine compliance with a total or partial dismantling contract is the base duration, and then any other option period. In the case of a contract deferred under a full and open contract or a full and open contract with reservation, the Agency will use the time frame for each contract to determine compliance, unless the market competes between small and small businesses (in this case, the subcontracting restrictions do not apply). However, the licensee may, at its sole discretion, require that it perform the work in force or that it comply with the non-manufacturer rule for any contract made under a total or partial decommissioning contract.” Here`s a question I get with a certain frequency: “Do I have to comply with the far`s outsourcing restrictions for every task or delivery order?” You will be pleased to know that at least the GAO has answered “no” to this question. If it is not possible to negotiate pricing, I think that a BOA that sets the terms goes beyond anything that could be achieved. If you receive the main contract, you can negotiate the price and contract. My company received an IDIQ from The Gov`t as part of a Multi-Prime IDIQ vehicle.
We are in the process of considering whether we can issue a BOA or an IDIQ to our subcontractors. Given that each mission at the primary level (there are several primary measures) will be competitive and that our team must remain very flexible to win, I think a BOA would probably be more appropriate than an IDIQ sub-command. We imagine that, in order to win, work rates within defined work categories must be different for each task order depending on the SOW and the price to be paid. If we were using an IDIQ instead of a BOA, then all the prices we have set (work rates) would most likely have to be discounted as soon as mission orders are released/competed (so I don`t think an IDIQ is appropriate). Another reason why I don`t think the IDIQ would be appropriate is that my company wouldn`t be able to promise a minimum and wouldn`t do a very good job in estimating a maximum subcontract value. Although the FAR outsourcing restrictions, FAR 52.219-14, do not apply to IDIQs, tasks or supply markets, the GAO has decided that the outsourcing clause “applies to the contract as a whole and does not require that any contract-compliant supply contract meets the requirements of the clause.” Spectrum Security Servs., Inc., B-297320.2 (Dec.