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Section 5416.504: Indefinite-quantity contracts.

16.504-90

The clause at 52.216-9027, Evaluation of Quantity Sensitive and Indefinite Delivery Contracts (IDC), shall be used in Solicitations which will result in IDC contracts when it is anticipated that the contractor will offer a price break for high quantity delivery orders. Coordinate with the demand planner manager for establishment of the quantity most likely to be procured for each delivery order. The highest weight should then be assigned to this quantity. The SF 36 shall be manually typed in the buying section to show the range of order quantities and to reflect the evaluation weight which will be placed upon the specific quantity range. Buyer shall also provide the contractor with an estimate of the annual requirements.

16.504

(a) The Government's quantity limitations may be stated in different ways; for example, as a number of items or a dollar value worth of items. Stating the Government's minimum/maximum liability for the entire contract is appropriate for multiple line item contracts when, due to the unique nature of the requirement, it is difficult or impossible to predict, prior to solicitation, the number of individual items needed. The contracting officer must balance the risks inherent in providing more specific limitations with the increased risk to the contractor, and possible increased cost to the Government, of providing less specific limitations.

(4)(iv) Consideration of past performance in order placement decisions shall include success in implementation of proposed socioeconomic support programs (see 15.605(b)(1)(91) and performance in carrying out Mentoring Business Agreement proposals (see 19.90)and 15.605(b)(92), and support of “AbilityOne”, ( formerly called Javits-Wagner-O’Day Act (JWOD)) qualified entities (see 15.605(b)(1)(94)). Solicitations shall so state in the explanation of order placement criteria (FAR 16.504(a)(4)(iv)).

(c) The determination not to make multiple awards shall be contained in the acquisition plan or otherwise documented in writing in the contract file.

(1)(ii)(D)(90) Single award of a task or delivery order contract.

(a) “Awarded to a single source” means the award of any task or delivery order contract where task or delivery orders will not be competed between contract holders. “Task or delivery order contract” does not include orders against task or delivery order contracts.

(b) Award of task or delivery order contracts between $10 million and $100 million (including all options) (see FAR 1.108(c) for guidance in calculating the contract value) to a single source requires Supply Chain Head of the Contracting Activity (HCA) approval (unless delegated to the Chief of the Contracting Office (CCO)), or CCO (hereafter referred to as “or equivalent”) approval for those DLA organizations for which the Director, Acquisition Management, is the HCA. DESC energy program contracts, AbilityOne, National Industries for the Blind (NIB), and FPI contracts when it is determined to be a mandatory source in accordance with FAR 8.602(a)(3), are not subject to this requirement; however, DESC non-energy task and delivery order contracts are subject to this requirement.

(c) The required written determination to make a single award of a task or delivery order contract over $100 million (including all options) shall be signed by the Director, Acquisition Management, who has delegated Head of Agency authority. Contracting activities will send a draft determination to J-72 that shall be accompanied by a memorandum from the Supply Chain HCA or equivalent that provides sufficient detail to justify why the multiple award approach was found to be unsuitable and fully supports the determination and findings required by FAR 16.504(c)(1)(ii)(D)(1). See DLAD PGI 16.504(c)(1)(ii)(D)(1)(90) for further guidance, procedures, and templates. Submit requests in ample time for HQ review and signature, preferably within the early stages of the acquisition process, but no less than 21 days before contract award.

(d) Copy of the determination. J-71 will provide a copy of determinations signed by the Director, Acquisition Management, to the Deputy Director, Defense Procurement (Contract Policy and International Contracting).




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