Can Task Order Have Multipe Contract Type CLINS
Started by Username · Mar 11, 2013 · 5 replies
- UOriginal post
Username
Mar 11, 2013 · 13y ago
Working on solicitation under a multiple award IDIQ contract. The overall scope is to provide facility support type services. Initial Acq Plan was to award CPFF task order. Now we have management directive to consider pulling some scope out as FFP CLINs. The majority of the award will still be CPFF CLINs based on the significant uncertainties related to task order performance . Questions:
1. Can you have multiple contract type CLINS on a single IDIQ task order? I don't see that the main IDIQ contract specifically allows or prohibits this.
2. What are the risks associated with mixing FFP and Cost type CLINS in the same contract action? Initial concern is that some scope such as program/project management is going to cross over into both FFP and CPFF CLINS. Currently we have planned on the offerors bidding such costs to the specific PWS activity to which they would apply versus a single PWS encompassing all program/project management activities. My first thought is that is still the best pricing strategy with the mixed CLIN types. What pricing strategies, cost instructions, etc, need to be considered to mitigate identified risks for mixing contract types in same award action?
This change in direction, per the voices from the heavens, has happened vitrually overnight and the acquisition team is now scrambling to react ....
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Guest Vern Edwards
Mar 11, 2013 · 13y ago
Can you have multiple contract type CLINS on a single IDIQ task order?
Yes, unless the contract or agency regulations say otherwise.
What are the risks associated with mixing FFP and Cost type CLINS in the same contract action?
Cost mischarging, i.e., charging costs incurred under the fixed-price CLIN to the cost-reimbursement CLIN.
- j
joel hoffman
Mar 11, 2013 · 13y ago
If you are referring to mixing FFP construction with CPFF CLINS, see FAR 36.208:
"36.208 -- Concurrent Performance of Firm-Fixed-Price and Other Types of Construction Contracts.
In view of potential labor and administrative problems, cost-plus-fixed-fee, price-incentive, or other types of contracts with cost variation or cost adjustment features shall not be permitted concurrently, at the same work site, with firm-fixed-price, lump sum, or unit price contracts except with the prior approval of the head of the contracting activity."
The DOD Chemical Demilitarization Program did it on several very large contracts about 15 years ago. In my opinion, it was very messy. You'd have to be very careful in how you describe the CLINS and how you instruct firms to allocate the various management, overhead and other support costs.
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Guest Vern Edwards
Mar 12, 2013 · 13y ago
Note that the key to FAR 36.208 is that what is prohibited is concurrent performance of differently priced tasks at the same construction site. It does not prohibit issuance of an order with differently priced CLINs. It does not prohibit performance of differently priced work at the same site at different times. The objective is to prevent cost mischarging. Although the prohibition applies only to construction, it is not a bad idea for other kinds of work, as well.
- j
joel hoffman
Mar 12, 2013 · 13y ago
Note that the key to FAR 36.208 is that what is prohibited is concurrent performance of differently priced tasks at the same construction site. It does not prohibit issuance of an order with differently priced CLINs. It does not prohibit performance of differently priced work at the same site at different times. The objective is to prevent cost mischarging. Although the prohibition applies only to construction, it is not a bad idea for other kinds of work, as well.
I agree.
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Guest Vern Edwards
Mar 12, 2013 · 13y ago
Joel:
We should add that FAR 36.208 does not prohibit concurrent performance of differently priced work at different sites. Do you agree?