Government Contracts Lawyer & Attorney : Sheppard Mullin Law Firm : Bids, Licenses, Awards, Conflict of Interest.

It is well-recognized that, with limited exceptions, neither the GAO nor the Court of Federal Claims has been willing, historically, to assume jurisdiction over IDIQ task or delivery order protests.  Recently, there has been some loosening of that bar, in the form of Public Law No. 110-181, § 843, which grants the GAO exclusive jurisdiction for a period of three years over protests against task or delivery order awards valued at more than $10 million.  Even with that legislative development, however, there are many task orders and/or delivery orders that will jurisdictionally escape review via the protest process.

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Introduction by John W. Chierichella

In the halcyon days of yesteryear, IDIQ contracts occupied a quaint niche in Government contracting in which small quantities of idiosyncratic products or services could be acquired without much procurement ado. No more. Sparked by serial iterations of legislative procurement reform, IDIQ contracts have become bigger business than anyone ever anticipated. As the use of this once overlooked procurement vehicle has exploded across the federal landscape, so too has the potential for -- and the reality of -- disputes relating to the award, performance and termination of IDIQ contracts. Recently, three of our Government Contracts lawyers -- Jonathan Aronie, Marko Kipa, and Keith Szeliga -- published an article in the Public Contracts Law Journal surveying the state of the law in IDIQ-land. With permission of the Journal, their article is reproduced in full in this issue of our blog.

Click here to view a PDF copy of the document.

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