Can we utilize another contract (environmental) tah has the capability & capacity to accomplish the task?
Also, is there a percentage of the task order that must be applicable to that contract (ie: 40% of the task order must include electrical to award to an electrical AE IDIQ).
Based on the limited information provided, I believe you CAN NOT utilize a second A&E (environmental) IDIQ contract to fulfill the "over-load" requirements of the first A&E IDIQ selected based on the capabilities of civil, mechanical, environmental, and electrical engineering, etc.
Open full Question Details
Why? The basis of my opinion is found in the FAR Part 36 references below and as summarized here.
FAR 36.601-1 states in part, The Government shall...negotiate contracts...based on the demonstrated competence and qualifications of the prospective contractors...
FAR 36.602-1(a) states in part, Agencies shall evaluate each potential; contractor in terms of its--Specialized experience and technical competence in the type of work required...capacity...past performance...location...other
FAR36.602-3 states in part...prepare a selection report...recommending...at least three firms that are considered to be the most highly qualified to perform the required services...
Since the second A&E environmental contractor was not awarded the contract for performing the services that are now proposed to be negotiation with them, I have to surmise the second contractor either was not considered the most highly qualified or was not evaluated against the criteria the first contractor was evaluated against. I also believe that contracting officers should be given wide latitude to make decisions in the best interest of the Government IAW FAR Part 1.
The fact that both contracts are IDIQs and both cover providing A&E services do not ensure that the requirements for properly selection an A&E contractor for a particular requirement have been followed. In addition, I cannot comment on the requirement for 40% or some other percentage of the work to fall with a particular discipline of engineering as I have not read the contracts nor any Agency or command FAR supplement that you may be required to comply with.
See below for complete FAR citations.
36.601-1 -- Public Announcement.
The Government shall publicly announce all requirements for architect-engineer services and negotiate contracts for these services based on the demonstrated competence and qualifications of prospective contractors to perform the services at fair and reasonable prices. (See 40 U.S.C. 1101 et seq..)
36.602-1 -- Selection Criteria.
(a) Agencies shall evaluate each potential contractor in terms of its --
(1) Professional qualifications necessary for satisfactory performance of required services;
(2) Specialized experience and technical competence in the type of work required, including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials;
(3) Capacity to accomplish the work in the required time;
(4) Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules;
(5) Location in the general geographical area of the project and knowledge of the locality of the project; provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project; and
(6) Acceptability under other appropriate evaluation criteria.
36.602-3 -- Evaluation Board Functions.
Under the general direction of the head of the contracting activity, an evaluation board shall perform the following functions:
(a) Review the current data files on eligible firms and responses to a public notice concerning the particular project (see 36.603).
(b) Evaluate the firms in accordance with the criteria in 36.602-1.
(c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services.
(d) Prepare a selection report for the agency head or other designated selection authority recommending, in order of preference, at least three firms that are considered to be the most highly qualified to perform the required services. The report shall include a description of the discussions and evaluation conducted by the board to allow the selection authority to review the considerations upon which the recommendations are based.
16.501-2 -- General.
(a) There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. The appropriate type of indefinite-delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award. Pursuant to 10 U.S.C. 2304d and section 303K of the Federal Property and Administrative Services Act of 1949, requirements contracts and indefinite-quantity contracts are also known as delivery-order contracts or task-order contracts.
(b) The various types of indefinite-delivery contracts offer the following advantages:
(1) All three types permit --
(i) Government stocks to be maintained at minimum levels; and
(ii) Direct shipment to users.
(2) Indefinite-quantity contracts and requirements contracts also permit --
(i) Flexibility in both quantities and delivery scheduling; and
(ii) Ordering of supplies or services after requirements materialize.
(3) Indefinite-quantity contracts limit the Government's obligation to the minimum quantity specified in the contract.
(4) Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the Government will obtain all of its actual purchase requirements from the contractor.
(c) Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under Part 16. Cost or pricing arrangements that provide for an estimated quantity of supplies or services (e.g., estimated number of labor hours) must comply with the appropriate procedures of this subpart.