Briefing Papers – Competitive Negotiation Under The Revolutionary FAR Overhaul

Vernon Edwards – One of the most interesting results of the “revolutionary” overhaul of the Federal Acquisition Regulation (FAR)1 was the decision to delete the word discussions from the coverage of the source selection process in FAR Part 15, Contracting By Negotiation, and to replace it with the word negotiations. It is not clear why the overhaulers made the change. Discussions is the term used in the procurement statutes, 10 U.S.C.A. § 3303 and 41 U.S.C.A. § 3703, and it is the term on which a large body of bid protest case law is based. What, if anything, do the overhaulers intend the effect to be?

Read the full article at Wifcon