A multiple-award contract gives you a seat, not work. The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold 1, and may exercise broad discretion in developing appropriate order placement procedures 2.
What fair opportunity looks like
Each order exceeding the simplified acquisition threshold shall be placed on a competitive basis 3. For those orders the contracting officer must provide a fair notice of the intent to make a purchase, including a clear description of the supplies or services and the basis upon which the selection will be made 4, and afford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered 5.
The process can be light. Formal evaluation plans or scoring of quotes or offers are not required 6. For task or delivery orders in excess of $7.5 million, fair opportunity must include a set of minimum elements 7. Among them are disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider and their relative importance 8, and an opportunity for a postaward debriefing 9.
When there is no competition: the exceptions
Fair opportunity has exceptions. Among them: the need is so urgent that providing a fair opportunity would result in unacceptable delays 10; only one awardee can provide the required quality because the work is unique or highly specialized 11; the order is a logical follow-on to an order already issued under the contract, provided all awardees had a fair opportunity on the original order 12; or the order is needed to satisfy a minimum guarantee 13.
Contracting officers may also, at their discretion, set aside orders for small business concerns 14. Whatever exception is used, the contracting officer shall document the basis for using it 15.
Planning your response
Price every order on its own terms. If the contract did not establish the price for the supplies or services, the contracting officer must establish prices for each order using the policies and methods in subpart 15.4 16.
Worked example. Contractor P holds a seat on a multiple-award services contract. A request for an order arrives on a Monday, with responses due in ten days, a two-page technical limit and a basis for selection of technical approach first, then price. Contractor P's capture lead makes the bid decision on day one against that basis, gives one writer the technical pages and the pricing lead the labour mix, and books a 30-minute internal review on day eight.
Protests are narrow
Do not plan on protesting a lost order. No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order or delivery-order contract 17, except on narrow grounds such as a protest that the order increases the scope, period, or maximum value of the contract 18. Protests of orders above the rule's dollar thresholds may only be filed with the Government Accountability Office 19.
Bids2Bank's Contracts Ending Soon separates standalone contracts from task orders 20, so you can see which expiring work is ordered under a vehicle and check whether you hold a seat on it.
See which expiring work is a task order →
Indented paragraphs are invented worked examples. Tool links open Bids2Bank and need a free account.