By Government Contracts Editorial Staff
The final rule in FAR Case 2017-010 modifies the requirement to consider cost or price as an evaluation factor for the award for certain multiple-award task order contracts issued by DoD, the National Aeronautics and Space Administration, or the Coast Guard. The rule implements section 825 of the NDAA for FY 2017 (PL 114-328), which provides that, at the government’s discretion, solicitations for multiple-award contracts for the same or similar services that state the government intends to award a contract to each qualifying offeror do not require price or cost as an evaluation factor for contract award. Contracting officers may choose not to include cost or price as an evaluation factor in solicitations for multiple-award contracts for services, and in solicitations above the simplified acquisition threshold, as long as an award will be made to all qualified offerors. The rule amends FAR 13.106-1, Soliciting competition; FAR 15.304, Evaluation factors and significant subfactors; and FAR 16.505, Ordering. The final rule makes no significant changes to the proposed rule (¶70,006.332).
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