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DOD/DARC

RIN: 0750-AH11

Publication ID: Fall 2011

Title: Only One Offer (DFARS Case 2011-D013)
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement to address acquisitions in which only one offer is received. If less than 30 days was allowed for receipt of proposals, the contracting officer must re-solicit for an additional 30 days. If the solicitation allowed at least 30 days for receipt of proposals, then the contracting officer must conduct negotiations. Both of these requirements can be waived by the head of the contracting activity, without power of re-delegation. This rule was initiated to implement the initiative on promoting real competition that was presented by the Under Secretary of Defense for Acquisition, Technology & Logistics in a memorandum dated November 3, 2010. In support of this initiative, DoD is proposing to amend DFARS subparts 215.3 and 215.4. The rule affects only those small entities that respond to a Federal competitive solicitation and no other offer is received. Any impact of this rule on small business is expected to be predominantly positive, by allowing more opportunity for competition.
Agency: Department of Defense(DOD)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 USC 1303

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	07/25/2011	76 FR 44293
NPRM Comment Period End	09/23/2011
NPRM Comment Period Extended	09/27/2011	76 FR 59623
NPRM Comment Period Extended End	10/07/2011
Final Action	03/00/2012

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Small Entities Affected: Businesses	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