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  • Question

    Is there a process allowing us to do a 2-party negotiated contract and bypassing re-soliciting the item using the streamlined procedures for soliciting commercial items (FAR 12.6) allowing us to do a synopsis waiver and not having to re-solicit the item since it's expected no new offers will be received and we already have a reasonable offer?


    Answer

    As I understand your question, I do not know of a process that allows you to do what you ask.  FAR 13.5 would have allowed the acquisition of this item (which you indicate you believe to be commercial) without complying with the requirements of FAR 6, but this “test program” authority expired on January 1, 2012 (see  DPAP policy letter dated Jan 4, 2012 at https://acc.dau.mil/CommunityBrowser.aspx?id=529160) unless you issued your solicitation prior to this date (FAR 13.500(d)).  Therefore, FAR 12.6 procedures appear to be your best course of action if the item is commercial.


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