By Government Contracts Editorial Staff
A proposed rule would amend the Federal Acquisition Regulation to add a new clause for use in multiple-award indefinite-delivery, indefinite-quantity contracts that provides information on the task- and delivery-order ombudsman. 10 USC 2304c and 41 USC 4106 require agencies to appoint or designate an ombudsman who is responsible for reviewing complaints from contractors and ensuring that all contractors are afforded a fair opportunity to be considered for the award of an order, consistent with the procedures in the contract. In particular, the rule would revise FAR 16.506 to add a prescription that requires the use of a proposed new clause, FAR 52.216–XX, Task-Order and Delivery-Order Ombudsman. The clause would provide contractors with contact information for the agency ombudsman, outline the responsibilities of the ombudsman, and explain that contacting the ombudsman does not alter the timelines for other FAR processes. Proposed Alternate I explains that complaints from contractors concerning orders placed under multi-agency contracts are primarily reviewed by the task- and delivery-order ombudsman for the ordering agency. The proposed alternate also provides the offeror with the contact information for the ordering agency’s ombudsman. Comments on this proposed rule, identified by FAR Case 2017-D020, are due December 31, 2018. For the text of the rule, see ¶70,006.333.
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