B-220178, OCT 4, 1985, OFFICE OF GENERAL COUNSEL
Highlights
CONTRACTORS ARE PROHIBITED FROM RESTRICTING SALES OF ANY ITEM DIRECTLY TO THE GOVERNMENT BY AN ACTUAL OR PROSPECTIVE SUBCONTRACTOR IN CONNECTION WITH EITHER THE CURRENT OR ANY FOLLOW-ON CONTRACT. OFFERORS WILL BE INVITED TO STATE IN THEIR OFFERS WHETHER THE QUANTITY OF SUPPLIES SOUGHT BY THE GOVERNMENT IS ECONOMICALLY ADVANTAGEOUS TO THE GOVERNMENT AND. THAT IS. TO ENSURE THAT THE REQUIREMENTS ARE AVAILABLE TO ALL OFFERORS. WE HAVE NO OBJECTION TO THE AMENDMENTS.
B-220178, OCT 4, 1985, OFFICE OF GENERAL COUNSEL
FEDERAL ACQUISITION REGULATION - PROPOSED REVISION DIGEST: GAO HAS NO OBJECTION TO FEDERAL ACQUISITION REGULATION CIRCULAR 84 11 WHICH AMENDS THE FOLLOWING PARTS OF THE FEDERAL ACQUISITION REGULATION WITH RESPECT TO THE FOLLOWING ISSUES:PART 3, RESTRICTION ON SALES TO THE GOVERNMENT BY SUBCONTRACTORS; PARTS 7, 14 AND 15, PURCHASES OF SUPPLIES ON ECONOMIC QUANTITIES; PART 9, PREQUALIFICATION REQUIREMENTS.
MS. MARGARET A. WILLIS:
FAR SECRETARIAT
GENERAL SERVICES ADMINISTRATION
THIS RESPONDS TO YOUR LETTER OF AUGUST 30, 1985, REQUESTING OUR COMMENTS ON FEDERAL ACQUISITION CIRCULAR 84-11. THE CIRCULAR AMENDS THE FEDERAL ACQUISITION REGULATION (FAR) TO IMPLEMENT THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1985, PUB.L. 98-525, AND THE SMALL BUSINESS AND FEDERAL PROCUREMENT COMPETITION ENHANCEMENT ACT OF 1984, PUB.L. 98 577, WITH RESPECT TO RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT, PURCHASES OF SUPPLIES IN ECONOMIC QUANTITIES, AND PREQUALIFICATION REQUIREMENTS.
UNDER PART 3 OF THE FAR, AS AMENDED, CONTRACTORS ARE PROHIBITED FROM RESTRICTING SALES OF ANY ITEM DIRECTLY TO THE GOVERNMENT BY AN ACTUAL OR PROSPECTIVE SUBCONTRACTOR IN CONNECTION WITH EITHER THE CURRENT OR ANY FOLLOW-ON CONTRACT. IN ADDITION, UNDER PARTS 7, 14 AND 15, OFFERORS WILL BE INVITED TO STATE IN THEIR OFFERS WHETHER THE QUANTITY OF SUPPLIES SOUGHT BY THE GOVERNMENT IS ECONOMICALLY ADVANTAGEOUS TO THE GOVERNMENT AND, IF NOT, TO RECOMMEND AND QUOTE PRICES ON MORE ADVANTAGEOUS QUANTITIES. FINALLY, IN PART 9, WITH REGARD TO PREQUALIFICATION REQUIREMENTS-- THAT IS, IF AN OFFEROR MUST COMPLETE TESTING OR OTHER QUALITY ASSURANCE REQUIREMENTS PRIOR TO AWARD-- THE FAR AS AMENDED REQUIRES AGENCIES TO JUSTIFY QUALIFICATION REQUIREMENTS, TO ENSURE THAT THE REQUIREMENTS ARE AVAILABLE TO ALL OFFERORS, AND TO PERMIT OFFERORS TO DEMONSTRATE THEIR ABILITIES TO MEET THESE REQUIREMENTS UP TO THE TIME OF AWARD.
WE HAVE NO OBJECTION TO THE AMENDMENTS.