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  • Question

    When issuing a request for task order proposal (RTOP) to the pool of vendors, am I required to abide by the UCF? I.e. must I have an outlined section B, Section H, Section L, Section M, etc? FAR 16.505(b)(1)(ii) states that contracting officers "may exercise broad discretion in developing appropriate order placement procedures." Does this "discretion" also apply to FAR streamlining procedures and/or the UCF, so that I can write a more flexible document, provided that it meets all of the other requirements outlined in 16.505? Please advise.


    Answer

    Please remember that the regulations are not a step-by-step guide for each and every procurement situation. Instead, and in accordance with FAR 1.602(b), "No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met."  The regulations and ordering procedures described in FAR 16.5 and 16.505 are not explicit regarding the use of the UCF for individual orders under IDIQ MACs. Instead the focus seems to be on fair opportunity, specific requirements and approvals needed at certain dollar thresholds, and the requirement to at least contain the information described at 16.505(a)(7). (But please note that the information described at 16.505(a)(7) would be easily accounted for by using the UCF.) 

    However, as always, please consult with your local agency legal advisor for specific guidance regarding your specific procurement(s) and any local command or agency guidance that might apply.


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