Government Contracts Rule Would Expand Application of Other Competitive Procedures
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Tuesday, November 27, 2018

Rule Would Expand Application of Other Competitive Procedures

By Government Contracts Editorial Staff

The Department of Defense has issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to expand the application of other competitive procedures to include the competitive selection of science and technology proposals beyond “basic research” proposals. This rule also extends the term and increases the dollar value under the contract authority for advanced development of initial or additional prototype units. Specifically, the rule would add new DFARS 206.102, Use of Competitive Procedures, to provide that the competitive selection of science and technology proposals resulting from a broad agency announcement with peer or scientific review satisfies the requirement for full and open competition. The rule would also revise DFARS 215.371-4 to provide an only-one-offer exception for the acquisition of science and technology. Changes to DFARS 234.005-1, Competition, would address the contract authority for advanced development of initial or additional prototypes. DFARS 235.006-71 would be added to direct contracting officers who are conducting acquisitions for research and development to DFARS 206.102(d)(2) regarding competitive procedures for science and technology proposals. In addition, the rule proposes to add new DFARS 235.016, Broad Agency Announcement, to provide that broad agency announcements with peer or scientific review may be used for science and technology proposals. The rule implements sections 221 and 861 of the National Defense Authorization Act for Fiscal Year 2018 (PL 115-91). Comments on this proposed rule, identified by DFARS Case 2018-D021, are due December 31, 2018. The text of the rule appears at ¶70,020.422.

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