Difference between revisions of "Unsuccessful Awardee Notification"
(Created page with "==Federal Register August 9, 2023== DoD, GSA, and NASA are proposing to revise the FAR to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Ye...") |
|||
| Line 1: | Line 1: | ||
==Federal Register August 9, 2023== | ==Federal Register August 9, 2023== | ||
| + | ==I. Background== | ||
DoD, GSA, and NASA are proposing to revise the FAR to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116–92) which, for task orders or delivery orders exceeding the simplified acquisition threshold (SAT) but not greater than $6 million, requires contracting officers to provide, upon written request from an unsuccessful offeror, a brief explanation as to why the offeror was unsuccessful, | DoD, GSA, and NASA are proposing to revise the FAR to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116–92) which, for task orders or delivery orders exceeding the simplified acquisition threshold (SAT) but not greater than $6 million, requires contracting officers to provide, upon written request from an unsuccessful offeror, a brief explanation as to why the offeror was unsuccessful, | ||
| − | including the rationale for award and an evaluation of the significant weak or deficient factors in the offeror’s offer | + | including the rationale for award and an evaluation of the significant weak or deficient factors in the offeror’s offer Section 874 of the NDAA uses the term ‘‘unsuccessful offeror.’’ FAR 16.505 uses the term ‘‘unsuccessful |
| + | awardee’’. Both terms are synonymous; referring to an entity who has been awarded a basic contract but has been unsuccessful for the award of an order competed under the basic contract. Since the term ‘‘unsuccessful awardee’’ | ||
| + | is already used and understood by the acquisition community, the term will be used to implement the requirement. | ||
| + | |||
| + | FAR 16.505(b)(6) requires contracting officers to notify unsuccessful awardees when the total price of a task order or delivery order exceeds $6 million. If the $6 million threshold is met, contracting officers are directed to the procedures at FAR 15.503(b)(1) and FAR 15.506 when providing a postaward notification or postaward debriefing, respectively. | ||
| + | |||
| + | The FAR threshold at 16.505 is currently $6 million as a result of two inflation adjustments in accordance with FAR 1.109. FAR Case 2014–022 published on July 2, 2015, at 80 FR 38293 and 2019–013 published on | ||
| + | October 2, 2020, at 85 FR 62485 each raised the threshold by $500,000 from the $5 million reflected at 41 U.S.C. 4106(d). | ||
| + | |||
| + | ==II. Discussion== | ||
Revision as of 09:00, 9 August 2023
Federal Register August 9, 2023
I. Background
DoD, GSA, and NASA are proposing to revise the FAR to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116–92) which, for task orders or delivery orders exceeding the simplified acquisition threshold (SAT) but not greater than $6 million, requires contracting officers to provide, upon written request from an unsuccessful offeror, a brief explanation as to why the offeror was unsuccessful, including the rationale for award and an evaluation of the significant weak or deficient factors in the offeror’s offer Section 874 of the NDAA uses the term ‘‘unsuccessful offeror.’’ FAR 16.505 uses the term ‘‘unsuccessful awardee’’. Both terms are synonymous; referring to an entity who has been awarded a basic contract but has been unsuccessful for the award of an order competed under the basic contract. Since the term ‘‘unsuccessful awardee’’ is already used and understood by the acquisition community, the term will be used to implement the requirement.
FAR 16.505(b)(6) requires contracting officers to notify unsuccessful awardees when the total price of a task order or delivery order exceeds $6 million. If the $6 million threshold is met, contracting officers are directed to the procedures at FAR 15.503(b)(1) and FAR 15.506 when providing a postaward notification or postaward debriefing, respectively.
The FAR threshold at 16.505 is currently $6 million as a result of two inflation adjustments in accordance with FAR 1.109. FAR Case 2014–022 published on July 2, 2015, at 80 FR 38293 and 2019–013 published on October 2, 2020, at 85 FR 62485 each raised the threshold by $500,000 from the $5 million reflected at 41 U.S.C. 4106(d).
