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  • Question

    Contracting is concerned that the original contract cannot be modified to include this work because it is new work, regardless of the fact that this is being “downward directed” by AFCEC. Is this considered out-of-scope, and if so, what is the best way to proceed?


    Answer

    If you feel strongly that this additional requirement is out of scope, you basically have 2 routes to pursue accomplishing this work:

    A.  In the A-E arena, there is a defined selection process per FAR subpart 36.6.  If you feel strongly that this is additional requirement is out of scope, follow this selection process.  Even for task orders, FAR 16.500(d), states there is a requirement to have a selection process per FAR subpart 36.6, if you have more than one IDIQ contract with the same/similar scope. (Also see - Reference USACE DPM 2020-02)

    1. Define the scope

    2. Define standard/s that would make a contractor more highly qualified. Task order specific selection criteria shall be listed in order of importance and relative weight, and must include, at a minimum, the criteria required by FAR 36.602-1.

    3. Who are the current A-E contractors you have IDIQ contracts with that could qualify to meet this scope.  Send notification to this group to include a short summary of the scope of work, selection criteria, and a Request for Supplemental Information tailored to the specific task order requirement.

    4. The Contracting Officer should give each firm sufficient time as is necessary under the circumstances to submit the supplemental information.

    5. Your organization will then hold a selection board who will perform evaluation and discussions (not as extensive as the selection for the base contract) and make a selection.

    If your contractor is familiar with the work, as they have completed the initial design, there is a likely chance that they could turn out to be the most highly qualified.

    B.  Your other option, is to complete an J&A in accordance with 6.302-1((a)(2)(iii)

    (iii)For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-

                         (A)Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

                         (B)Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.2304(d)(1)(B)

    Once this J&A is approved, it provides the authority to add the work to the current contract on a sole source basis.

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