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  • Question

    If my company has a BPA or IDIQ, should the "values" of the BPA or IDIQ (maximum ordering amounts or maximum ceiling) be considered in evaluating awards for the cumulative FY $50 million CAS threshold IF we are not guaranteed a minimum award? I have already seen it postulated elsewhere on AaP that IDIQ's are considered awards where a minimum award value IS guaranteed AND there is no competing company that would perform the services (Title-IDIQ's and Disclosure Statement).


    Answer

    BPAs are not contracts according to the GAO decision in AINS Inc (Comp Gen decision B-400760.2, dated June 12, 2009) and therefore should not count towards the CAS threshold of $50 million. IDIQ contracts are contracts within the definition in FAR 2.101, especially since the minimum guaranteed order obligates the Government to spend appropriated funds. For that reason, I believe that minimum guaranteed amount must count towards the CAS threshold, because the Government has committed itself to give the contractor at least that amount of money. I agree that the "value" of the IDIQ is a possibility only- and potential awards do not count towards the CAS threshold.
     

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