Attachment_L-4_Task_Order_002_PWS.pdf

Attachment L-4

Joint Enterprise Defense Infrastructure (JEDI) Cloud

PERFORMANCE WORK STATEMENT (PWS)

Task Order 0002: Obligating the Indefinite Delivery/Indefinite Quantity (ID/IQ ) Contract Minimum

Updated on 26 July 2018

1. PURPOSE

The purpose of this Task Order (TO) PWS is to obligate the difference between $1,000,000.00 and the amount obligated for the base year of TO 001 against the JEDI Cloud contract to satisfy the ID/IQ contract minimum guarantee in Section B2 of the ID/IQ contract. The Contractor will not deliver services or submit invoices under this TO. When future TOs are placed for services, the Government will administratively transfer the funds obligated under TO 002 to those task orders. Prior to the expiration of the base ordering period of the ID/IQ contract, the Government will ensure that the Contractor can invoice for all funds that are satisfying the contract minimum guarantee.

2. BACKGROUND

An ID/IQ contract must include a minimum purchase requirement. FAR § 16.504(a)(2). An ID/IQ contract without a minimum is considered illusory and unenforceable. See e.g., Torncello v. U.S., 681 F.2d 756 (1982). When a contract is executed, the Anti-Deficiency Act requires the Government to obligate funds in the amount of the obligation being incurred. See 31 U.S.C. § 1501. For an ID/IQ contract, the amount of the obligation being incurred is the contract minimum. The minimum must be obligated at contract execution. See Matter of Bureau of Customs and Border Protection—Automated Commercial Environment Contract, B-302358, Dec. 27, 2004.