Defense Federal Acquisition Regulation Supplement; Competition Requirements for Federal Supply Schedules and Multiple Award Contracts, 32280-32282 [05-10911]
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7920–5]
Alabama: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: Alabama has applied to EPA
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA proposes to grant final
authorization to Alabama for RCRA
Cluster XIII. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, EPA is authorizing the changes
by an immediate final rule. EPA did not
make a proposal prior to the immediate
final rule because we believe this action
is not controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble to the
immediate final rule. Unless we get
written comments which oppose this
authorization during the comment
period, the immediate final rule will
become effective on the date it
establishes, and we will not take further
action on this proposal. If we get
comments that oppose this action, we
will withdraw the immediate final rule
and it will not take effect. We will then
respond to public comments in a later
final rule based on this proposal. You
may not have another opportunity for
comment. If you want to comment on
this action, you must do so at this time.
DATES: Send your written comments by
July 5, 2005.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: middlebrooks.gail@epa.gov.
• Fax: (404) 562–8439 (prior to
faxing, please notify the EPA contact
listed below).
• Mail: Send written comments to
Gail Middlebrooks at the address listed
below.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov, or e-mail. The
Federal regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your
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15:04 Jun 01, 2005
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comments. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit.
You can view and copy Alabama’s
application from 8 a.m. to 5 p.m. at the
following addresses: Alabama
Department of Environmental
Management, 1400 Colliseum Blvd.,
Montgomery, Alabama 36130–1463,
(334) 271–7700, and EPA, Region 4,
Library, 9th Floor, The Sam Nunn
Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
3104; (404) 562–8190.
FOR FURTHER INFORMATION CONTACT: Gail
Middlebrooks, RCRA Services Section,
RCRA Programs Branch, Waste
Management Division, U.S.
Environmental Protection Agency,
Region 4, The Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–3104; (404) 562–
8494.
SUPPLEMENTARY INFORMATION: For
additional information, please see the
immediate final rule published in the
‘‘Rules and Regulations’’ section of this
Federal Register.
Dated: May 11, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05–10994 Filed 6–1–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
48 CFR Parts 208 and 216
[DFARS Case 2004–D009]
Defense Federal Acquisition
Regulation Supplement; Competition
Requirements for Federal Supply
Schedules and Multiple Award
Contracts
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update and clarify requirements for
competition in the placement of orders
under Federal Supply Schedules and
multiple award contracts.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 1, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2004–D009,
using any of the following methods:
PO 00000
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2004–D009 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Robin
Schulze, OUSD (AT&L) DPAP (DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT:
Ms.
Robin Schulze, (703) 602–0326.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule revises procedures
for use of Federal Supply Schedules and
multiple award contracts to promote
competition in the placement of orders
for supplies or services. The proposed
changes—
• Revise approval requirements for
placement of noncompetitive orders
exceeding $100,000 under Federal
Supply Schedules for consistency with
those at FAR 8.405–6, and extend those
requirements to orders under multiple
award contracts;
• Apply the same ordering
procedures to both supplies and
services; and
• Make additional changes to DFARS
Subpart 208.4 for consistency with the
changes to FAR Subpart 8.4 published
in Item V of Federal Acquisition
Circular 2001–24 On June 18, 2004 (69
FR 34231).
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule is not expected to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the proposed changes
strengthen and clarify existing
requirements for competition in the
placement of orders under Federal
Supply Schedules and multiple award
contracts. Therefore, DoD has not
performed an initial regulatory
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
flexibility analysis. DoD invites
comments from small businesses and
other interested parties. DoD also will
consider comments from small entities
concerning the affected DFARS subparts
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2004–D009.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 208 and
216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Parts 208 and 216 as follows:
1. The authority citation for 48 CFR
Parts 208 and 216 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
2. Section 208.404 is amended by
removing paragraphs (b) and (S–70), and
by revising the section heading to read
as follows:
208.404
*
Use of Federal Supply Schedules.
*
*
*
*
208.404–1 through 208.405–2
[Removed]
3. Sections 208.404–1 through
208.405–2 are removed.
4. Sections 208.405–70, 208.406 and
208.406–1 are added to read as follows:
208.405–70 Additional ordering
procedures.
(a) This subsection—
(1) Implements Section 803 of the
National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107)
for the acquisition of services, and
establishes similar policy for the
acquisition of supplies;
(2) Applies to orders for supplies or
services under Federal Supply
Schedules, including orders under
blanket purchase agreements
established under Federal Supply
Schedules; and
(3) Also applies to orders placed by
non-DoD agencies on behalf of DoD.
(b) Each order exceeding $100,000
shall be placed on a competitive basis
in accordance with paragraph (c) of this
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subsection, unless this requirement is
waived on the basis of a justification
that is prepared and approved in
accordance with FAR 8.405–6 and
includes a written determination that—
(1) A statute expressly authorizes or
requires that the purchase be made from
a specified source; or
(2) One of the circumstances
described at FAR 16.505(b)(2)(i) through
(iii) applies to the order. Follow the
procedures at PGI 216.505–70 if FAR
16.505(b)(2)(ii) or (iii) is deemed to
apply.
(c) An order exceeding $100,000 is
placed on a competitive basis only if the
contracting officer provides a fair notice
of the intent to make the purchase,
including a description of the supplies
to be delivered or the services to be
performed and the basis upon which the
contracting officer will make the
selection, to—
(1) As many schedule contractors as
practicable, consistent with market
research appropriate to the
circumstances, to reasonably ensure that
offers will be received from at least
three contractors that can fulfill the
requirements, and the contracting
officer—
(i)(A) Receives offers from at least
three contractors that can fulfill the
requirements; or
(B) Determines in writing that no
additional contractors that can fulfill the
requirements could be identified despite
reasonable efforts to do so
(documentation should clearly explain
efforts made to obtain offers from at
least three contractors); and
(ii) Ensures all offers received are
fairly considered; or
(2) All contractors offering the
required supplies or services under the
applicable multiple award schedule,
and affords all contractors responding to
the notice a fair opportunity to submit
an offer and have that offer fairly
considered. Posting of a request for
quotations on the General Services
Administration’s electronic quote
system, ‘‘e-Buy’’ (https://
www.gsaAdvantage.gov), is one medium
for providing fair notice to all
contractors as required by this
paragraph (c).
(d) See PGI 208.405–70 for
requirements relating to the
establishment of blanket purchase
agreements under Federal Supply
Schedules.
208.406
Ordering activity responsibilities.
208.406–1
Order placement.
Follow the procedures at PGI
208.406–1 when ordering from
schedules.
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32281
PART 216—TYPES OF CONTRACTS
5. Section 216.505–70 is revised to
read as follows:
216.505–70
contracts.
Orders under multiple award
(a) This subsection—
(1) Implements Section 803 of the
National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107)
for the acquisition of services, and
establishes similar policy for the
acquisition of supplies;
(2) Applies to orders for supplies or
services exceeding $100,000 placed
under multiple award contracts;
(3) Also applies to orders placed by
non-DoD agencies on behalf of DoD; and
(4) Does not apply to orders for
architect-engineer services, which shall
be placed in accordance with the
procedures in FAR Subpart 36.6.
(b) Each order exceeding $100,000
shall be placed on a competitive basis
in accordance with paragraph (c) of this
subsection, unless this requirement is
waived on the basis of a justification
that is prepared and approved in
accordance with FAR 8.405–6 and
includes a written determination that—
(1) A statute expressly authorizes or
requires that the purchase be made from
a specified source; or
(2) One of the circumstances
described at FAR 16.505(b)(2)(i) through
(iv) applies to the order. Follow the
procedures at PGI 216.505–70 if FAR
16.505(b)(2)(ii) or (iii) is deemed to
apply.
(c) An order exceeding $100,000 is
placed on a competitive basis only if the
contracting officer—
(1) Provides a fair notice of the intent
to make the purchase, including a
description of the supplies to be
delivered or the services to be
performed and the basis upon which the
contracting officer will make the
selection, to all contractors offering the
required supplies or services under the
multiple award contract; and
(2) Affords all contractors responding
to the notice a fair opportunity to
submit an offer and have that offer fairly
considered.
(d) When using the procedures in this
subsection—
(1) The contracting officer should
keep contractor submission
requirements to a minimum;
(2) The contracting officer may use
streamlined procedures, including oral
presentations;
(3) The competition requirements in
FAR Part 6 and the policies in FAR
Subpart 15.3 do not apply to the
ordering process, but the contracting
officer shall consider price or cost under
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
each order as one of the factors in the
selection decision; and
(4) The contracting officer should
consider past performance on earlier
orders under the contract, including
quality, timeliness, and cost control.
[FR Doc. 05–10911 Filed 6–1–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AU28
Migratory Bird Hunting; Application for
Approval of Tungsten-Tin-Iron Shot as
Nontoxic for Waterfowl Hunting
AGENCY:
Fish and Wildlife Service,
Interior.
Advance notice of proposed
rulemaking.
ACTION:
SUMMARY: The U.S. Fish and Wildlife
Service (Service) hereby provides public
notice that Nice Shot, Inc. of Albion,
Pennsylvania, has applied for approval
of 58 percent tungsten, 38 percent tin,
and 4 percent iron shot as nontoxic for
waterfowl hunting in the United States.
The Service has initiated review of the
shot under the criteria set out in Tier 1
of the nontoxic shot approval
procedures given at 50 CFR 20.134.
DATES: A comprehensive review of the
Tier 1 information is to be concluded by
August 1, 2005.
ADDRESSES: The Nice Shot, Inc.,
application may be reviewed in Room
4091 at the Fish and Wildlife Service,
Division of Migratory Bird Management,
4501 North Fairfax Drive, Arlington,
Virginia.
FOR FURTHER INFORMATION CONTACT:
George T. Allen, Wildlife Biologist,
Division of Migratory Bird Management,
(703) 358–1825.
SUPPLEMENTARY INFORMATION: The
Migratory Bird Treaty Act of 1918
(Treaty Act) (16 U.S.C. 703–712) and the
Fish and Wildlife Improvement Act of
1978 (16 U.S.C. 712) implement
migratory bird treaties between the
United States and Great Britain for
Canada (1916 and 1996 as amended),
Mexico (1936 and 1972 as amended),
Japan (1972 and 1974 as amended), and
Russia (then the Soviet Union, 1978).
These treaties protect certain migratory
birds from take, except as permitted
under the Treaty Act. The Treaty Act
authorizes the Secretary of the Interior
to regulate take of migratory birds in the
United States. Under this authority, the
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15:04 Jun 01, 2005
Jkt 205001
U.S. Fish and Wildlife Service controls
the hunting of migratory game birds
through regulations in 50 CFR part 20.
Use of shot types other than those listed
in 50 CFR 20.21(j)(1) for hunting
waterfowl and coots and any species
that make up aggregate bag limits is
prohibited.
Since the mid-1970s, the Service has
sought to identify types of shot for
waterfowl hunting that are not toxic to
migratory birds or other wildlife when
ingested. We have approved nontoxic
shot types and added them to the
migratory bird hunting regulations in 50
CFR 20. We will continue to review all
shot types submitted for approval as
nontoxic.
Nice Shot has submitted its
application with the counsel that it
contained all of the specified
information for a complete Tier 1
submittal, and has requested
unconditional approval pursuant to the
Tier 1 time frame. The Service has
determined that the application is
complete, and has initiated a
comprehensive review of the Tier 1
information. After the review, the
Service will either publish a Notice of
Review to inform the public that the
Tier 1 test results are inconclusive or
publish a proposed rule for approval of
the candidate shot. If the Tier 1 tests are
inconclusive, the Notice of Review will
indicate what other tests will be
required before we will again consider
approval of the Tungsten-Tin-Iron shot
as nontoxic. If the Tier 1 data review
results in a preliminary determination
that the candidate material does not
pose a significant toxicity hazard to
migratory birds, other wildlife, or their
habitats, the Service will commence
with a rulemaking proposing to approve
the candidate shot.
Dated: May 19, 2005.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 05–10909 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–55–P
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Fmt 4702
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050520137–5137–01; I.D.
050905F]
RIN 0648–AT10
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Framework Adjustment 17
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement Framework 17 to the
Atlantic Sea Scallop Fishery
Management Plan (Framework 17)
developed by the New England Fishery
Management Council (Council).
Framework 17 would require that
vessels issued a general category scallop
permit and that intend to land over 40
lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops, install and
operate vessel monitoring systems
(VMS). Framework 17 would also allow
general category scallop vessels with
VMS units to turn off (power-down) the
VMS units after they have offloaded
scallops and while they are tied to a
fixed dock or mooring. Finally,
Framework 17 proposes to revise the
broken trip adjustment provision for
limited access scallop vessels fishing in
the Sea Scallop Area Access Program.
The intent of this action is to provide
more complete monitoring of the
general category scallop fleet, to reduce
VMS operating costs, and to eliminate a
provision that may have a negative
influence on vessel operator decisions at
sea.
DATES: Comments must be received at
the appropriate address or fax number
(see ADDRESSES) by 5 p.m., local time,
on June 17, 2005.
ADDRESSES: Comments should be
submitted by any of the following
methods:
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope, ‘‘Comments on
Frameworks 17.’’
• Fax: (978) 281–9135.
• E-mail: ScallopAT10@noaa.gov.
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
Written comments regarding the
burden-hour estimates or other aspects
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]]>Agencies
[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Proposed Rules]
[Pages 32280-32282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10911]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 208 and 216
[DFARS Case 2004-D009]
Defense Federal Acquisition Regulation Supplement; Competition
Requirements for Federal Supply Schedules and Multiple Award Contracts
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update and clarify requirements for
competition in the placement of orders under Federal Supply Schedules
and multiple award contracts.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 1, 2005, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2004-D009,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2004-D009 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Robin Schulze, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule revises procedures for use of Federal Supply
Schedules and multiple award contracts to promote competition in the
placement of orders for supplies or services. The proposed changes--
Revise approval requirements for placement of
noncompetitive orders exceeding $100,000 under Federal Supply Schedules
for consistency with those at FAR 8.405-6, and extend those
requirements to orders under multiple award contracts;
Apply the same ordering procedures to both supplies and
services; and
Make additional changes to DFARS Subpart 208.4 for
consistency with the changes to FAR Subpart 8.4 published in Item V of
Federal Acquisition Circular 2001-24 On June 18, 2004 (69 FR 34231).
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the
proposed changes strengthen and clarify existing requirements for
competition in the placement of orders under Federal Supply Schedules
and multiple award contracts. Therefore, DoD has not performed an
initial regulatory
[[Page 32281]]
flexibility analysis. DoD invites comments from small businesses and
other interested parties. DoD also will consider comments from small
entities concerning the affected DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2004-D009.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 208 and 216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Parts 208 and 216 as
follows:
1. The authority citation for 48 CFR Parts 208 and 216 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2. Section 208.404 is amended by removing paragraphs (b) and (S-
70), and by revising the section heading to read as follows:
208.404 Use of Federal Supply Schedules.
* * * * *
208.404-1 through 208.405-2 [Removed]
3. Sections 208.404-1 through 208.405-2 are removed.
4. Sections 208.405-70, 208.406 and 208.406-1 are added to read as
follows:
208.405-70 Additional ordering procedures.
(a) This subsection--
(1) Implements Section 803 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107) for the acquisition of
services, and establishes similar policy for the acquisition of
supplies;
(2) Applies to orders for supplies or services under Federal Supply
Schedules, including orders under blanket purchase agreements
established under Federal Supply Schedules; and
(3) Also applies to orders placed by non-DoD agencies on behalf of
DoD.
(b) Each order exceeding $100,000 shall be placed on a competitive
basis in accordance with paragraph (c) of this subsection, unless this
requirement is waived on the basis of a justification that is prepared
and approved in accordance with FAR 8.405-6 and includes a written
determination that--
(1) A statute expressly authorizes or requires that the purchase be
made from a specified source; or
(2) One of the circumstances described at FAR 16.505(b)(2)(i)
through (iii) applies to the order. Follow the procedures at PGI
216.505-70 if FAR 16.505(b)(2)(ii) or (iii) is deemed to apply.
(c) An order exceeding $100,000 is placed on a competitive basis
only if the contracting officer provides a fair notice of the intent to
make the purchase, including a description of the supplies to be
delivered or the services to be performed and the basis upon which the
contracting officer will make the selection, to--
(1) As many schedule contractors as practicable, consistent with
market research appropriate to the circumstances, to reasonably ensure
that offers will be received from at least three contractors that can
fulfill the requirements, and the contracting officer--
(i)(A) Receives offers from at least three contractors that can
fulfill the requirements; or
(B) Determines in writing that no additional contractors that can
fulfill the requirements could be identified despite reasonable efforts
to do so (documentation should clearly explain efforts made to obtain
offers from at least three contractors); and
(ii) Ensures all offers received are fairly considered; or
(2) All contractors offering the required supplies or services
under the applicable multiple award schedule, and affords all
contractors responding to the notice a fair opportunity to submit an
offer and have that offer fairly considered. Posting of a request for
quotations on the General Services Administration's electronic quote
system, ``e-Buy'' (https://www.gsaAdvantage.gov), is one medium for
providing fair notice to all contractors as required by this paragraph
(c).
(d) See PGI 208.405-70 for requirements relating to the
establishment of blanket purchase agreements under Federal Supply
Schedules.
208.406 Ordering activity responsibilities.
208.406-1 Order placement.
Follow the procedures at PGI 208.406-1 when ordering from
schedules.
PART 216--TYPES OF CONTRACTS
5. Section 216.505-70 is revised to read as follows:
216.505-70 Orders under multiple award contracts.
(a) This subsection--
(1) Implements Section 803 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107) for the acquisition of
services, and establishes similar policy for the acquisition of
supplies;
(2) Applies to orders for supplies or services exceeding $100,000
placed under multiple award contracts;
(3) Also applies to orders placed by non-DoD agencies on behalf of
DoD; and
(4) Does not apply to orders for architect-engineer services, which
shall be placed in accordance with the procedures in FAR Subpart 36.6.
(b) Each order exceeding $100,000 shall be placed on a competitive
basis in accordance with paragraph (c) of this subsection, unless this
requirement is waived on the basis of a justification that is prepared
and approved in accordance with FAR 8.405-6 and includes a written
determination that--
(1) A statute expressly authorizes or requires that the purchase be
made from a specified source; or
(2) One of the circumstances described at FAR 16.505(b)(2)(i)
through (iv) applies to the order. Follow the procedures at PGI
216.505-70 if FAR 16.505(b)(2)(ii) or (iii) is deemed to apply.
(c) An order exceeding $100,000 is placed on a competitive basis
only if the contracting officer--
(1) Provides a fair notice of the intent to make the purchase,
including a description of the supplies to be delivered or the services
to be performed and the basis upon which the contracting officer will
make the selection, to all contractors offering the required supplies
or services under the multiple award contract; and
(2) Affords all contractors responding to the notice a fair
opportunity to submit an offer and have that offer fairly considered.
(d) When using the procedures in this subsection--
(1) The contracting officer should keep contractor submission
requirements to a minimum;
(2) The contracting officer may use streamlined procedures,
including oral presentations;
(3) The competition requirements in FAR Part 6 and the policies in
FAR Subpart 15.3 do not apply to the ordering process, but the
contracting officer shall consider price or cost under
[[Page 32282]]
each order as one of the factors in the selection decision; and
(4) The contracting officer should consider past performance on
earlier orders under the contract, including quality, timeliness, and
cost control.
[FR Doc. 05-10911 Filed 6-1-05; 8:45 am]
BILLING CODE 5001-08-P
