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  • Question

    Are 5-day Notification Letters to SB Offerors for a T.O. under a MATOC required?


    Answer

    FAR 19.502-4(c) directs you 8.405-5 (orders under FSS) and 16.505 (other multiple award contracts) for setting aside orders under multiple-award contracts. 

    FAR 8.405-2(d) states that after award, ordering activities should provide timely notification to unsuccessful offerors. So no, your 5 day notification letter to SB offerors is not required. 

    FAR 16.505 (b) says that competition requirements in FAR 6 and 15.3 don't apply to the ordering process.  You must comply with the ordering process of your own the multiple award contracts.  Generally, the FAR says, if the order in under $5.5 million, you do not need a pre-award or post-award notification.  If the order is over $5.5 million you must give an opportunity of a post-award debrief and notify unsuccessful awardees. See FAR 16.505(b)(6). So, no, your 5 day notification letter to SB offerors is not required. 

    It is possible that a small business size status has changed since the time of award, however for the length of the contract, the small business is always considered a small business for all task orders unless that business recertifies itself as other than small in compliance with FAR 19.301-2. 


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