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Electronic Transmittal (ET) No. 08-06
Class Deviation to Enhance Competition for Task and Delivery Orders

Expires: Until cancelled, revised, superseded, or revisions are incorporated to the Federal Acquisition Regulation (FAR)

June 23, 2008

To: Director, Management Services Office
   Attention: 84-27810 (Eckelberg)
Regional Director, PN, MP, LC, UC, GP
   Attention: PN-3700 (Ford), MP-3800 (Bell), LC-3100 (Nelson), UC-800 (Ward), GP-3800 (Worley)
From: Karla J. Smiley /s/
Manager, Acquisition and Assistance Management Division
Subject:

Electronic Transmittal (ET) No. 08-06, Class Deviation to Enhance Competition for Task and Delivery Orders
  1. Purpose:This memorandum is transmitting the attached Department of the Interior Acquisition Policy Release (DIAPR) 2008-06, Enhanced Competition for Task and Delivery Orders.
  2. Effective Date: This class deviation is effective for all awards made after May 27, 2008.
  3. Expiration Date:Until cancelled, revised, superseded, or revisions are incorporated to the Federal Acquisition Regulation (FAR).
  4. Background:
    1. The FY 2008 National Defense Authorization Act mandates several new procedures designed to enhance competition for delivery and task orders and their base contract.  Highlights of the Act include:
      1. a limitation on single award task and delivery order contracts valued greater than $100 million;
      2. enhanced competition for orders in excess of $5 million; and
      3. institution of protests of award of orders valued above $10 million that will be within the exclusive jurisdiction of the Comptroller General.
    2. The language in FAR 16.504 (Indefinite-quantity contracts) and 16.505 (Ordering) have not been amended to comply with the FY2008 National Defense Authorization Act and is, therefore, currently inconsistent with law. The attached class deviation and associated FAR revisions are provided for use until the FAR is updated. The class deviation authorizes procedures necessary to ensure compliance with the Act.
    3. The class deviation revises the FAR as follows:
      1. New clause FAR 16.504(c)(1)(ii)(D) is added to include actions and approvals for all single award delivery and/or task order contracts with an estimated value over $100,000,000; and
      2. FAR 16.505(a)(9) is amended to allow for protest of orders valued at more than $10,000,000; and
      3. New clause FAR 16.505(b)(1)(iii) is added to include additional fair opportunity policy for orders exceeding $5,000,000; existing FAR 16.505(b)(1)(iii) is renumbered FAR 16.505(b)(1)(iv); and
      4. New clause FAR 16.505(b)(4) is added to include additional policy regarding postaward notices and debriefing for orders exceeding $5,000,000; existing FAR 16.505(b) (4) and (5) are renumbered FAR 16.505(b)(5) and (6).
  5. Action Required: Distribute this ET and attached DIAPR to all acquisition and other affected personnel.
  6. Point of Contact: Steve Schmidt at 303-445-2477 or by email at sschmidt@do.usbr.gov.
Attachment
 
cc:

84-27820 (Cook, Feirtag, Schmidt, Terrell), 84-27810 (Cody), PN-3702 (Hedeen), MP-3800 (Keith, Steele), LC-3110 (Daigle), GP-3800 (Woegens) ALB-171 (Lewis), FCCD-810 (Domingos)