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  • Question

    Can we exclude the vendor of the first contract from competing for the solution proposed in the first contract? Wouldn't they have an advantage over competition?


    Answer

    First, based on FAR 9.508 Examples, it appears that you may indeed want to exclude the awardee of the contract responsible for developing the proposed solution from competing on the next contract.
     
    If your acquisition strategy stated that you were seeking a contractor to both design and then to implement a solution - one "design build" contract, this would not be a consideration.  However, your acquisition strategy appears to be one of competing a contract which develops the solution and then competing the contract which implements the solution - competed contract for step 1 and then a competed contract for step 2.  Because of this, FAR Part 9.5 is more critical.
     
    Second, as you may want to exclude the contract awardee of step 1 using FAR 9.505 as your reference, you may be interested in provisions/clauses that have been used for this purpose.  The NASA OCI Guide has some best in class sample provisions/clauses in their appendix A, https://www.hq.nasa.gov/office/procurement/OCIGuide.pdf .

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