Can an IDIQ or multiple award IDIQ be used for unsolicited proposals? If no, is the reason because the contract operates under FAR 15.505 OR 15.506 and unsolicited proposals are governed by FAR 15.6? Can you provide additional clarity on why unsolicited proposals cannot be used?
When can an unsolicited proposal be used on an existing IDIQ?
Can a services contract be used for buying end item deliverables which also require services? There is some confusion between whether the tool is considered an end item deliverable or a servicing tool that will eventually result in an end item deliverable?
Based on the background you provided,
“The Contractor identified an existing contract (which was awarded to them) that they believe would be considered within scope”
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Regarding your question, “Can a services contract be used for buying end item deliverables which also require services?” You noted there is some confusion between whether the tool is considered an end item deliverable or a servicing tool that will eventually result in an end item deliverable.
- If the unsolicited proposal is submitted and accepted the existing contract will be modified to add a line item to an existing task order under the base contract to purchase the services.
- Per FAR 15.607 (b) (4) one of the criterion to accept and negotiate an unsolicited proposal under this existing contract is the existing contract must comply with the synopsis requirements of Subpart 5.2. FAR 5.201(b)(1)(ii) and (iii) states that “For acquisitions of supplies and services, other than those covered by the exceptions in 5.202, and the special situations in 5.205,the contracting officer must transmit a notice to the GPE, for each proposed modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or contract action in any amount when advantageous to the Government.
- The exception in 5.202 (a) (8) includes proposed contract actions resulting from the acceptance of an unsolicited research proposal. However, the existing IDIQ contract did not result from the acceptance of an unsolicited research proposal regarding the servicing tool. This contract was in place before the receipt of the unsolicited proposal for the servicing tool, so this exception does not apply. An IDIQ or multiple award IDIQ can be used for unsolicited proposals when the criteria for acceptance is met in accordance with FAR 15.607.
We advise to also adhere to your agency's policies and directives as well as legal advice within your agency as you proceed.
- A services contract should not be used to buy end item deliverables. Per FAR Part 37, “Service contract” means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be used to maintain, overhaul, repair, service, rehabilitate, salvage, modernize, or modify supplies, systems, or equipment.