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Bundling, competition and oversight. FAR Requirements Bundling Part 7 . 1. two or more requirements consolidated? 2. small business perform prior requirement? 3. Can small business perform requirements? 4. Single contract award contemplated? 5. Performance in the U.S.?
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FAR Requirements BundlingPart 7 1. two or more requirements consolidated? 2. small business perform prior requirement? 3. Can small business perform requirements? 4. Single contract award contemplated? 5. Performance in the U.S.? 6. Contract Suitable for a small business? (a) diversity, size, or specialized nature of performance; (b) aggregate dollar value of award; (c) geographical dispersion; or (d) any combination of the above factors.
DoD Requirements ConsolidationDFARS 207.170 • solicitation for a single contract or a multiple award contract to satisfy two or more requirements 2. that previously were performed under two or more separate contracts. 3. No consolidation of contract requirements with an estimated total value exceeding $5.5 unless market research and justification.
Competition In Contracting Act • GAO has used CICA's requirements for "full and open competition" to uphold protests against bundling. • Specifications must permit full and open competition and may contain restrictive provisions and conditions only to the extent necessary to satisfy the needs of the agency. • CICA may be used by either large or small businesses to protest bundling.
General Comments re Competition and Oversight • acquisition begins with agency needs and includes the description of requirements to satisfy agency needs. FAR 2.101. • declining numbers of procurement personnel • efforts to increase efficiency
General Comments re: Competition • Services receive scrutiny because: easier to bundle and growing at fast pace. • Agency advantages to use of task and delivery order contracts- exempted from CICA • overly broad work statements in solicitations for task or delivery order contracts.