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DOD/DARC

RIN: 0750-AG82

Publication ID: Spring 2011

Title: ●Discussions Prior to Contract Award (DFARS Case 2010-D013)
Abstract: This rule strongly encourages discussions prior to award for source selections of procurements estimated at $100 million or more. The proposed change was recommended by the DoD Source Selection Joint Analysis Team (JAT), chartered by the Deputy Under Secretary of Defense (Acquisition, Technology, and Logistics). To improve the quality of high-dollar value, more complex source selections and reduce turbulence and inefficiency resulting from sustained contractor protests, the JAT recommended that discussions prior to award be strongly encouraged for source selections with a dollar value of $100 million or more. DoD research has indicated that holding meaningful discussions with industry prior to contract award on these types of procurements improves both industry's understanding of solicitation requirements and the Government's understanding of industry issues, and often results in better contract performance. The rule does not add to or delete existing regulations on discussions for the vast majority of DoD procurements, i.e., those under $100 million. For the largest procurements of at least $100 million, any increase in discussions is anticipated to benefit all offerors, including small businesses, by providing them an opportunity to explain details of the offer and market their particular capabilities. The opportunity to participate in discussions increases the probability of selection for award, and is, therefore, expected to benefit small business.
Agency: Department of Defense(DOD)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 215
Legal Authority: 41 USC 421 48 CFR ch 1

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	11/24/2010	75 FR 71647
NPRM Comment Period End	01/24/2011
Final Action	06/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil