STREAMLINING TASK AND DELIVERY ORDER COMPETITIONS WITHIN FEDERAL ACQUISITION REGULATION SUBPART 16.5 FLEXIBILITIES
Fales, Amanda L.
Soule, Jerika M.
Schwartz, Brett M.
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The flexibilities offered in Federal Acquisition Regulation (FAR) 16.505 allow contracting officers (COs) to establish streamlined ordering procedures for the award of task orders and delivery orders (TOs/DOs) among existing qualified multiple award contract (MAC) awardees. However, because there is no specific guidance in the FAR or its supplements regarding less formal fair opportunity competition strategies, COs often default to the more familiar FAR Subpart 15.3 procedures. As a result, agencies expend valuable time and resources and potentially waste both in the process. For the Space and Naval Warfare Systems Command, the time and resource constraints associated with frequent competitive MAC orders have led to the desire to identify best practices and perhaps formalize a streamlined approach to award. As such, the purpose of this research is to identify best practices for streamlining local TO/DO awards and provide recommendations for standardized streamlining procedures and documentation. The researchers analyzed 169 sources related to case law and six local MACs as well as policy and regulation to test their hypothesis that local MAC competitions could benefit from streamlining. Their hypothesis was confirmed, and the researchers utilized case law rulings to develop recommendations such as streamlining intentional use of terminology, simplifying evaluations through means like the decision authority and ordering instructions, and simplifying documents such as the BCM.
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