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    There is a long list of compressed gases which we require so we cannot really specify the quantity for each gas. Some of the gas tanks are owned by us and some will be provided by the contractor. I am trying to figure out the best method to procure this. I am planning to do a firm fixed purchase order with base period plus 4 option periods. If I am allowed to go this route. I am struggling to figure out how to prepare my RFQ When the vendor responds with a price quote they will respond for price of each gas


    Answer

    If your agency does not have any specific requirement in procuring compressed gas in its FAR supplement or an instruction, a good course of action is looking at those contract vehicles that will provide for flexibility of acquiring unknown quantities. FAR 13.303 covers BPAs, which will be a flexible vehicle for your requirement. Note that BPAs are just an agreement and not a contract, so contractors don't have to provide the supply or service. Awarding multiple BPAs would mitigate this risk of relying on one source if multiple suppliers were found during market research. Another type of agreement that will allow flexibility are Basic Ordering Agreements (BOAs); refer to FAR 16.703. BOAs by themselves are not a contract, but the FAR says it can be written in the BOA at what point an order issued under it can be considered a contract; FAR 16.703(c)(1)(iv) “Specify the point at which each order becomes a binding contract (e.g., issuance of the order, acceptance of the order in a specified manner, or failure to reject the order within a specified number of days)”.

    If these two type of agreements don't work for your requirement, then consider an Indefinite Delivery Indefinite Quantity (IDIQ) contract; refer to FAR 16.504. The application of this vehicle is "Contracting officers may use an indefinite-quantity contract when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, and it is inadvisable for the Government to commit itself for more than a minimum quantity. The contracting officer should use an indefinite-quantity contract only when a recurring need is anticipated." The first order issued under an IDIQ must be awarded at the minimum quantity stated in the base contract, but orders after that can be issued up to the maximum quantity for the duration of the contract.

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