Showing posts with label Janine S Benton. Show all posts
Showing posts with label Janine S Benton. Show all posts

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.

Wednesday, May 23, 2012

Janine Benton, Benton Potter & Murdock, teaches Federal Publications Seminars

Janine Benton, a partner with Benton Potter & Murdock, P. C. , will be teaching the following seminars online in May and June, 2012, for Federal Publications
SMALL BUSINESS JOBS ACT;
NEW SBA RULES AND RULE CHANGES
Women-Owned Small Business Federal Contract Program
A program covering the impact of the 2010 SBA rule expanding opportunities for women-owned small businesses.
$175.00
Live Date: May 24 11:00 AM CDT
New SBA Rules Concerning the 8a Business Development Program
A webcast reviewing the 2011 changes in the SBA 8(a) Business Development Program.
$175.00
Live Date: May 31 11:00 AM CDT
New SBA Size Standards
A review of the SBA rule affecting size standards of qualifying businesses in many industries.
$175.00
Live Date: June 14 11 AM CDT
The Small Business Jobs Act of 2010
An examination of all aspects of the Small Business Jobs Act of 2010.
$175.00
The live presentation was May 22, 2012, it is now available online.
Register at http://westlegaledcenter.com
Contact Federal Publications at (888) 494-3696 and (202) 772-8295
Monday-Friday, 9am-6pm EST
Contact us at: jb@bpmlawyers.com for more information