B-209969 L/M, JAN 31, 1983, OFFICE OF GENERAL COUNSEL
Highlights
YOU ALSO POSE FOR OUR CONSIDERATION THE BROADER QUESTION OF WHETHER THERE IS A CONTINUING NEED FOR THE FOUR-STEP PROCESS IN THE DAR. WE BELIEVE THESE PROCEDURES MUST BE USED CAREFULLY TO INSURE THAT COMPETITIVE DISCUSSIONS ARE MEANINGFUL.
B-209969 L/M, JAN 31, 1983, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
MR. JAMES T. BRANNAN, OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING:
BY LETTER OF NOVEMBER 1, 1982 YOU REQUESTED OUR COMMENTS ON PROPOSED CHANGES TO DEFENSE ACQUISITION REGULATION (DAR) SEC. 4-107, "FOUR-STEP SOURCE SELECTION PROCEDURES." AMONG OTHER THINGS, THE REVISIONS MAKE FOUR -STEP PROCEDURES DISCRETIONARY RATHER THAN MANDATORY FOR CERTAIN LARGE RESEARCH AND DEVELOPMENT PROCUREMENTS. YOU ALSO POSE FOR OUR CONSIDERATION THE BROADER QUESTION OF WHETHER THERE IS A CONTINUING NEED FOR THE FOUR-STEP PROCESS IN THE DAR.
WE AGREE WITH THE PROPOSED CHANGE TO MAKE USE OF THE FOUR-STEP PROCEDURES DISCRETIONARY. WE BELIEVE THESE PROCEDURES MUST BE USED CAREFULLY TO INSURE THAT COMPETITIVE DISCUSSIONS ARE MEANINGFUL. SEE AIRESEARCH MANUFACTURING COMPANY OF ARIZONA, 56 COMP.GEN. 989 (1977), 77-2 CPD 229. AS TO THE BROADER QUESTION, WE BELIEVE THIS MUST BE DETERMINED PRIMARILY BY THE DEFENSE AGENCIES.