Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy?

Steven L. Schooner, Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy?, 32 Nash & Cibinic Rep. ¶ 44 (2018).

GWU Law School Public Law Research Paper No. 2018-38

GWU Legal Studies Research Paper No. 2018-38

6 Pages Posted: 31 Aug 2018

See all articles by Steven L. Schooner

Steven L. Schooner

George Washington University - Law School

Date Written: September 1, 2018

Abstract

This short piece discusses recent Government Accountability Office (GAO) data chronicling an increase in the Defense Department's reliance on indefinite-delivery/indefinite-quantity (or IDIQ) contracts. The data also indicates that, despite the clearly established preference for multiple awards, about three-quarters of the IDIQ awards made by DoD were to a single contractor, rather than multiple contractors.

Based on GAO's data, the essay describes the dramatic difference between current IDIQ practice and the process described in the the regulations, including the Federal Acquisition Regulation (FAR) and the supplemental regulations promulgated by DoD (including the DFARS and the PGI).

The essay concludes with two modest suggestions: first, that Congress, OFPP, the FAR Council, the 809 Panel, or all of the above, would be well served by putting some thought into reorganizing or redesigning the FAR to better reflect modern practice. Second, Congress or the FAR Council could raise the bar and mandate more meaningful impediments to single-award IDIQ’s.

Keywords: IDIQ's, task and delivery order contracts, government contracts, defense acquisition, contract type, single award, multiple award preference, competition, determination and findings (D&F), Government Accountability Office (GAO), Federal Acquisition Regulation

JEL Classification: H57, H83, K23, L14, L24

Suggested Citation

Schooner, Steven L., Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy? (September 1, 2018). Steven L. Schooner, Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy?, 32 Nash & Cibinic Rep. ¶ 44 (2018).; GWU Law School Public Law Research Paper No. 2018-38; GWU Legal Studies Research Paper No. 2018-38. Available at SSRN: https://ssrn.com/abstract=3241013 or http://dx.doi.org/10.2139/ssrn.3241013

Steven L. Schooner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3037 (Phone)
202-994-5614 (Fax)

HOME PAGE: http://www.law.gwu.edu/steven-l-schooner

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