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  • Question

    What is the prescribed form for issuing a non-commercial IDIQ contract?


    Answer

    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR part 15, Contracting by Negotiation
    FAR 15.000 -- Scope of Part
    This part prescribes policies and procedures governing competitive and noncompetitive negotiated acquisitions. A contract awarded using other than sealed bidding procedures is a negotiated contract.

    FAR 15.509 -- Forms
    Optional Form 307, Contract Award, Standard Form (SF) 26, Award/Contract, or SF 33, Solicitation, Offer and Award, may be used to award negotiated contracts in which the signature of both parties on a single document is appropriate. Note however, if using the SF 26 for a negotiated procurement, block 18 [SEALED-BID AWARD] is not to be used.

    FAR 16.501-2 -- General
    (a) There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts.

    (c) Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under Part 16.

    FAR 16.504 -- Indefinite-Quantity Contracts
    (a) Description. An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements. Quantity limits may be stated as number of units or as dollar values.

    FAR 53.215 -- Contracting by Negotiation.
    FAR 53.215-1 -- Solicitation and Receipt of Proposals
    (a) SF 26 (Rev. 3/2013), Award/Contract. SF 26 may be used in entering into negotiated contracts in which the signature of both parties on a single document is appropriate, as specified in 15.509.

    (c) SF 33 (Rev. 9/97), Solicitation, Offer and Award. SF 33 may be used in connection with the solicitation and award of negotiated contracts. Award of such contracts may be made by either OF 307, SF 33, or SF 26, as specified in … 15.509.

    (e) OF 307 (Rev. 8/2016), Contract Award. OF 307 [GSA Optional Form] may be used to award negotiated contracts as specified in 15.509.

    2. Because this inquiry describes the applicable acquisition situation as pertaining to “non-commercial” Indefinite Delivery/Indefinite Quantity (i.e., IDIQ) contracts, our response assumes that the applicable IDIQ acquisitions would be conducted solely under FAR part 15, Contracting by Negotiation and not in conjunction with the procedures specified in FAR part 12, Acquisition of Commercial Items.

    3. Given the above assumption, then pursuant to FAR 15.509 and FAR 53.215-1, either one of the following forms could be used for issuing a “non-commercial” IDIQ contract award depending upon the circumstances of the specific IDIQ acquisition:
      ◾SF 26 (Rev. 3/2013), Award/Contract, or
      ◾SF 33 (Rev. 9/97), Solicitation, Offer and Award, SF 33, or
      ◾OF 307 (Rev. 8/2016), Contract Award.




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