Is it allowed to add an ELIN for a facility investment service item (i.e., Repair of HVAC or fire suppression system) under an existing IDIQ portion of the combo FFP / IDIQ BOS contract without increasing the total value of the awarded IDIQ portion of the contract? Is the current contractor allowed to negotiate a new unit price for this new ELIN? What FAR, DFAR or other directive governs this action?
Per review of FAR 4.1, DFARS 204.7103 and .7104, and the DFARS PGI 204.71, there are no prohibitions for establishing an ELIN in the manner described in your scenario. Because you are adding this work and a new ELIN after contract award, recommend the contracting officer consider the following approach:
1. Begin with a scope determination--can this added work be considered within the general scope of the contract? The background indicates this work was "overlooked" in the original contract award, and perhaps the original solicitation. Adding the work at this point would call in to question what was originally contemplated by the parties at the time of contract award. In the determination, state how including this work in the solicitation would have impacted the evaluation of offerors, and if you believe it could have changed the award outcome. Also review FAR Part 6 to determine if a Justification and Authorization to award by other than full and open competition is required before adding the work to this contract.
2. If the contracting officer determines this work is within the general scope of the contract, then recommend adding the ELIN under the same pricing structure as the related ELINs described in your scenario. Specifically, ensure your ELIN structure is consistent with DFARS PGI 204.7105(c), which states ELINs are established under the same criteria as CLINs, as described in DFARS 204.7103-1. In the last DFARS reference, paragraph (a)(1)(iv), (v) and (vi) appear to relate to your scenario. From the background of your scenario, it seems reasonable to have the contractor price the work related to this new ELIN separately from the other ELINs.
3. If practicable, recommend adding the work without increasing the maximum value of the IDIQ contract. This would support an in-scope determination, will support your case that this work was indeed intended as part of the original acquisition, and that adding it now does not materially change the overall contract value.