Government Contracts Rule Would Modify Evaluation Factor for Multiple-Award Contracts
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Thursday, October 11, 2018

Rule Would Modify Evaluation Factor for Multiple-Award Contracts

By Government Contracts Editorial Staff

A proposed rule seeks to amend the Federal Acquisition Regulation to modify the requirement to consider cost or price as an evaluation factor for the award for certain multiple-award task order contracts issued by the Department of Defense, the National Aeronautics and Space Administration, or the Coast Guard. The rule implements section 825 of the National Defense Authorization Act for Fiscal Year 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. Upon implementation of a final rule, contracting officers may choose not to include cost or price as an evaluation factor in solicitations for multiple-award contracts for services in solicitations above the simplified acquisition threshold, as long as an award will be made to all qualified offerors. The rule would amend FAR 13.106-1, Soliciting competition, FAR 15.304, Evaluation factors and significant subfactors, and FAR 16.505, Ordering. Comments on this proposed rule, identified by FAR Case 2017-010, are due November 23, 2018. For the text of the rule, see ¶70,006.332.

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