Consolidation or consolidated requirement, (FAR 2.101)

As you point out, according to FAR 2.101 Consolidation or consolidated requirement—(1) Means a solicitation for a [...] multiple-award contract [...] to satisfy [...] Requirements of the Federal agency for construction projects to be performed at two or more discrete sites.

You say you are "soliciting a regional Construction MAC" which hits those three elements: 1) solicitation, 2) MAC, 3) regional=two or more discrete sites, so it seems like you have consolidation.

FAR 7.107-2 says that "before conducting an acquisition that is a consolidation of requirements with an estimated total dollar value exceeding $2 million, the senior procurement executive (SPE) or chief acquisition officer (CAO) shall make a written determination that the consolidation is necessary and justified". Your agency supplement my have more to say on this.

So since it seems you have consolidation you will need the "written determination" before conducting your acquisition. But, according to the FAR, you will not need a D&F, which is different from a Determination, this post has a good explanation of the difference:

Thank you for your reply RJ. The research I have done concludes that the sole intent of consolidation is when a large business is involved making it unlikely for a small business to compete for the prime contract and inhibiting small business from "receiving a fair share of Federal procurements". You then consolidate the requirement to include the small business. FAR 19.201 points this out and ensures actions are taken to "mitigate the effects of necessary and justified consolidation or bundling on small business".

Also,

13 CFR 125.1( c) states**:** Contract bundling, bundled requirement, bundled contract, or bundling  means the consolidation of two or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract, a Multiple Award Contract, or Blanket Purchase Agreement that is likely to be unsuitable for award to a small business concern (but may be suitable for award to a small business with a Small Business Teaming Arrangement), regardless of whether new work is added to the solicitation for the contract or agreement, due to:

(1) The diversity, size, or specialized nature of the elements of the performance specified;

(2) The aggregate dollar value of the anticipated award;

(3) The geographical dispersion of the contract performance sites; or

(4) Any combination of the factors described in paragraphs (1), (2), and (3) of this definition.

Based on the above, there is no large business presence in my procurement, nor are there any current open construction contracts awarded to large business where consolidation would then need to be considered and justified.

On 6/28/2024 at 8:09 AM, Dk3081 said:

Contract bundling, bundled requirement, bundled contract, or bundling  means the

Consolidation and bundling are two different things, or rather bundling is a subset of consolidation where the work becomes unsuitable for small business after the consolidation. The definition you provide is for bundling, scroll up a bit in your CFR reference and see the definition of consolidation.

Thank you RJ. I reached out to SBA as well. Waiting to hear back. I still conclude "consolidation" does not apply to my situation. So far I have not been able to find, nor has anyone been able to explain clearly and exactly what "(ii) Requirements of the Federal agency for construction projects to be performed at two or more discrete sites." of the definition means and exactly how and exactly when it is applied.

Dk3081 said:

Thank you RJ. I reached out to SBA as well. Waiting to hear back. I still conclude "consolidation" does not apply to my situation. So far I have not been able to find, nor has anyone been able to explain clearly and exactly what "(ii) Requirements of the Federal agency for construction projects to be performed at two or more discrete sites." of the definition means and exactly how and exactly when it is applied.

I suspect the case cited here and the conclusion of the discussion still applies.

Thank you. This is somewhat helpful info and in a way supports my reasoning.