Indefinite Delivery/Indefinite Quantity Contracting Practices (2015) / Chapter Skim
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Pages 93-101
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From page 93... ...
93 Construction, Maintenance, and Other IDIQ Contracts -- Legal Case Studies The search for case law in construction, maintenance, non-design professional services, and supply IDIQs yielded 72 cases from the 22 different agencies shown in Table 4, chapter two. It should be noted that some federal agencies' mission includes delivering construction and whose staff includes engineers and architects.
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From page 94... ...
94 "sore loser" cases where the court ruled that the published RFP evaluation plan was fair, equitable and the award was made in accordance with the published plan. Additionally, 8 of 10 of those claims challenged the agency's evaluation of the party's qualifications.
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From page 95... ...
95 issued two work orders after the base contract period was over and the extension period had not been formally concluded that no contract was in effect and it did not have a duty to negotiate. The court disagreed, stating: "The contract provided that work requirements, delivery schedule, funding arrangements, and travel requirements for each task order would be negotiated separately.
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From page 96... ...
96 method of unlimited exculpation without rendering its promises illusory and the contract void, and we question if the government's termination for convenience clause should be construed that broadly… Here we have a putative or constructive termination only, and the court will not suppose such a termination as exonerating defendant from all its commitments, if the act would be an abuse of discretion" (Ronald A Torncello and Soledad Enterprises, Inc.
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From page 97... ...
97 It went on to state that this "…claim fails… [because there] is no written evidence of an "unambiguous promise" to use CS as the supplier for any and all units Oshkosh requires." Therefore the court found for the prime IDIQ contractor explicitly stating that CS had been fully compensated for the four doors and that the prime was under no obligation to continue the relationship after award.
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98 3. Technical Proficiency Excellent Excellent 4.
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99 Taking the Comptroller General's decision plus PAE's incumbency and the rating of Significant Confidence leads one to infer that the reason the evaluation panel may have overlooked the staffing levels for the option years is due to their familiarity with the incumbent. This leads one to conclude that when an IDIQ is a reprocurement of an active IDIQ contract that has reached its term that the agency might consider cautioning its evaluators against using personal experience rather than the information contained in the proposals as the basis for their rating.
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From page 100... ...
100 Lucent Technologies World Services Inc.
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From page 101... ...
101 protests be filed within 10 days and an interpretation that debriefings must occur within that period to provide the protester with the information necessary to determine whether or not to protest. Essentially, McKissack sought to couple two parts of the regulation that were written to each stand alone.
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