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  • Question

    Although the market research in the contract file does not support more than one capable source that can satisfy this requirement, can this requirement be competed since it is a "first time"? Please provide case law, regulatory guidance that provides a contracting officer the flexiiblity/authority to compete a requirement for first time buys.


    Answer

    FAR 13.106 requires the contracting officer to promote competition to the maximum extent practicable for simplified acquisitions. It has nothing to do with whether the requirement is for a first-time buy or not. The requirement must be publicized in accordance with FAR 13.105. If only one source responds, then there is no competition to consider.

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