Subcontractor Competition or Sole Source

Started by Schultz · May 21, 2019 · 8 replies

  1. S

    Schultz

    May 21, 2019 · 7y ago

    Original post

    When is it permissible for a prime contractor to sole-source a requirement to a subcontractor, rather than competing it among multiple subs?

  2. N

    Neil Roberts

    May 22, 2019 · 7y ago

    When non-competition can be adequately justified in writing. There are many reasons that have the potential to adequately justify non-competition. Are you looking for a list of common justifiable categories. Or do you have a fact situation you can share, which may turn out to be more helpful to you and those who offer responses to this posting?

  3. S

    Schultz

    May 22, 2019 · 7y ago

    Yes, a list of common justifiable categories would be great.  Is there a FAR clause that speaks to justifiable situations?  Our prime contract is an IDIQ (1 year base, plus 4 year options) under which we will have issued Task Orders for IT support work.

  4. R

    Retreadfed

    May 22, 2019 · 7y ago

    Schultz, is FAR 52.244-5 in your contract?  If it is, have you read it?

  5. S

    Schultz

    May 22, 2019 · 7y ago

    No, it's not in our prime contract.

  6. R

    Retreadfed

    May 22, 2019 · 7y ago

    What type of prime contract do you have?  If that clause is not in your contract, what contractual requirement do you have to obtain competition when awarding subcontracts?

  7. G

    Guest PepeTheFrog

    May 22, 2019 · 7y ago

    Have you read the prime contract? Or are you looking for special wisdom or divine knowledge outside of the contract?

    Schultz said:

    Is there a FAR clause that speaks to justifiable situations?

    Is there a FAR clause in the contract? Or are you trying to anticipate possible FAR clauses that may be inserted into future task orders?

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    Neil Roberts

    May 22, 2019 · 7y ago

    Schultz said:

    Yes, a list of common justifiable categories would be great.  Is there a FAR clause that speaks to justifiable situations?  Our prime contract is an IDIQ (1 year base, plus 4 year options) under which we will have issued Task Orders for IT support work.

    You may take a look at the below and see if it helps you. While the FAR cited therein controls the government actions, regarding full and open competition, nothing prevents contractors from borrowing FAR provisions to establish similar contractor policies and processes.

    https://www.ncmahq.org/docs/default-source/magazine-articles-(top-stories)/march-2019/turley.pdf?sfvrsn=6c45022b_2

    Sounds like your situation is about staying with the existing IT firm. Every situation is unique in its justification. Talk to the technical people and ask them to provide specific rationale and a cost estimate for each rationale that supports why changing sources would cost you and the government more money, schedule delays, etc. If you can't come up with adequate justification, bid it out. There may be a good chance that the incumbent would be the best value anyhow since they possess unique knowledge and experience.

  9. j

    joel hoffman

    May 23, 2019 · 7y ago

    How is the price for an IT support task determined/established?

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