Is a task order under an Indefinite Delivery/Indefinite Quantity (IDIQ) contract counted as one of the 3 "contracts" under this provision or is the IDIQ, itself, counted as 1 contract regardless of the number of task orders awarded in the 2 year period.
This response is based on the information provided. We suggest you discuss with your contract administrator and/or legal department as appropriate.
The question of affiliation is very complex and involves much more than a definition of a contract. To the specific question asked, the IDIQ document is the contract and task orders placed are within the contract, not separate contracts. The details of affiliation are more a question for the SBA. In reading 13 CFR 121.103 (h) please remember to read all of 13 CFR 121.103. Paragraph (a) discusses affiliation in general terms and (b) notes exceptions.
"FAR 2.101 'Contract' means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.6301, et seq. For discussion of various types of contracts, see Part 16."
"FAR 16.501-1 -- Definitions.
As used in this subpart --
'Task-order contract' means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract."