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  • Question

    How can I award directly to The City to form "community partnerships" when I have so many VOSB contractors that are able to provide the service at a competitive price?.


    Answer

    Although competition requirements for FAR Part 13 procurements are not as stringent as those for negotiated acquisitions, the contracting officer still must "promote competition to the maximum extent practicable." However, FAR 13.106-1(b) permits soliciting from a single source "...if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization)." So the question becomes: Are the municipalities the only "reasonably available" sources? Nothing in the scenario you describe indicates they are. The municipalities may be the most qualified and the overall best value (even if not the lowest-price offerors), but I don't see any justification for not soliciting and at least evaluating additional offers. Not doing so could invite a protest from companies denied the opportunity to compete. (Note: This acquisition has an estimated value of $48,000.)

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