“The United States Court of Federal Claims (COFC) has ruled that an agency has to conduct a small business Rule of Two analysis before it can use an existing multiple-award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle to procure services. This is a landmark decision, given that GSA Schedule contracts are exempt from the Rule of Two.”
The COFC’s decision in Tolliver Grp., Inc. v. United States, No. 20-1108C, 2020 WL 7022493 (Fed. Cl. Nov. 30, 2020), arose out of the Department of the Army’s decision to cancel two General Services Administration (GSA) Federal Supply Schedule (FSS) support staffing solicitations, which were 100% set aside for service-disabled veteran owned small businesses (SDVOSB). The solicitations sought fire support specialists training services for the Fires Center of Excellence field artillery school at Fort Sill. The Army had previously procured these services through a long-term omnibus MAIDIQ contract.
The Army first awarded the solicitations to two SDVOSBs. But it subsequently cancelled the solicitations and the awards for the purpose of transferring the work to an existing MAIDIQ. According to the Army, this Training Management Support (TMS) MAIDIQ would “provide a potentially better procurement vehicle for this requirement” than the GSA FSS contract.”
Two SDVOSBs brought this lawsuit under the Tucker Act, arguing that the Army’s actions violated two laws: (1) the Administrative Procedure Act (more on that issue in an upcoming blog); and (2) the Rule of Two (the subject of this blog). Specifically, the plaintiffs argued that the…” Read the full article here.
Source: COFC Says Agency Must Consider Rule of Two Before Using Multiple-Award IDIQ Contract Vehicle – By Nicole Pottroff, January 18, 2021. SmallGovCon.
