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New Pro-Competitive Restrictions On DoD Prototype Line Items and Options

Client Alert | 1 min read | 06.18.10

On June 8, 2010, DoD issued an interim rule, intended to prevent competitively awarded contracts for new technology from becoming noncompetitive efforts long-term. The interim DFARS provisions require that contract line item purchases and contract options must be limited to the minimum number of initial or additional prototype items that will allow for timely competitive solicitation and award of a follow-on development or production contract for those items; that the term of the contract line item or contract option cannot be longer than 12 months; and that the dollar value of the work to be performed pursuant to the contract line item or contract option may not exceed three times the dollar value of the work previously performed under the contract or $20 million, whichever is less.

Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...