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Competition On Task Orders - DFARS Final Rule Implementing Section 803.

Publication: Mondaq Business Briefing
Publication Date: 08-NOV-02 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Competition On Task Orders - DFARS Final Rule Implementing Section 803.(DoD Federal Acquisition Regulation Supplement)

Article Excerpt
By Michael Charness, Kathy Little and Dave Johnson

On Friday, October 25, 2002, the Department of Defense ("DoD") published a final rule amending the DoD Federal Acquisition Regulation Supplement ("DFARS") to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2002. In an effort to further promote fair competition in the issuance of task orders, the rule provides new procedures for contracting officers placing orders exceeding $100,000 for three categories of services contracts: (1) Federal Supply Schedule ("FSS") contracts administered by the General Services Administration; (2) single-agency multiple award task order contracts; and (3) any other Government-wide indefinite delivery, indefinite quantity contracts awarded to two or more contractors pursuant to the same solicitation. The new procedures take immediate effect and will be applied to existing as well as future contracts.

For orders under FSS contracts, the new procedures now require that the contracting officer must receive offers from at least three qualified contractors or must otherwise adequately document that no additional contractors could fulfill the work requirements and that despite reasonable...

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