Monday, February 10, 2014

Benton Potter & Murdock's Boyd K. Rutherford Runs for Maryland Lt. Governor!

Benton Potter & Murdock, P.C., is proud to report that Boyd Rutherford, of Counsel with the firm, is running for the Republican nomination for Lieutenant Governor for the State of Maryland. Larry Hogan, Jr., announced Boyd as his running mate when he announced his own candidacy for Maryland Governor. Boyd and Hogan previously worked together as cabinet Secretaries in the Administration of Governor Robert L. Ehrlich, where Boyd served as the Secretary of the Department of General Services.

Prior to serving in the Ehrlich Administration, Boyd served as the Associate Administrator for the U.S. General Services Administration, where he directed both the Office of Small Business Utilization and the Office of Performance Improvement. After his Maryland service, Boyd returned to the Federal government as the Assistant Secretary for Administration in the U.S. Department of Agriculture. In that role, he served as the Department’s Chief Acquisition Officer, Chief Human Capital Office, the Senior Energy and Environmental Official, as well as the Department’s Freedom of Information Act Officer.

Boyd’s inclusion on the Gubernatorial ticket has been termed “a solid pick” (Professor Todd Eberly, St. Mary’s College ) and as “enhancing the ticket” (Maryland Reporter).

For more information, please contact John Murdock at jm@bpmlawyers.com

Monday, February 3, 2014

The IDIQ "Contract" -- It is not a Contract until a Task or Delivery Order makes it One

By Janine S. Benton, Esq.

A U.S. Government agency uses indefinite-delivery, indefinite quantity ("IDIQ")* contracts to purchase supplies and/or services when it does not know the precise quantities of goods, or times/amounts of services at the time of IDIQ award. Under the IDIQ, the agency does not promise to purchase all of its needed supplies and/or services from the awardee. Instead, the agency only agrees to, generally, purchase a minimum amount that is identified in the IDIQ document. This amount may be small, but it must be more than "de minimis. "**

Most importantly, contractors must recognize that an IDIQ is not considered a contract until a task order or delivery order has been placed against it. In fact, an IDIQ is often called a "hunting license" that gives contractors only the right to hunt and trap task or delivery orders. Contractors also should be aware that an IDIQ may not be fully funded so that it may be the case that no task or delivery orders are ever placed against it. Accordingly, IDIQ contractors should recognize that their ability to obtain remedies through submission of claims under the Contract Dispute Act may be very limited unless those claims relate to task or delivery orders.

This limitation also extends to bid protests. While GAO has jurisdiction over bid protests concerning the initial IDIQ procurement, under 41 USC 4106(f), its jurisdiction over IDIQ task or delivery order competitions is limited to situations where: (1) the protest challenges the scope, period, or maximum value of the underlying contract; or (2) the task or delivery order is valued at more than $10 million.

*IDIQ contracting is governed by Subpart 16.5 of the Federal Acquisition Regulation ("FAR").

** "De minimis," as used in regard to IDIQ contracts, means a small amount, but not so small as to be inconsequential.

Ms. Benton is a partner with Benton Potter & Murdock, P.C. She may be reached via jb(at)bpmlawyers.com.