(a) This subsection-
(1) Implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107) for the acquisition of services, and establishes similar policy for the acquisition of supplies;
(2) Applies to orders for supplies or services exceeding $100,000 placed under multiple award contracts;
(3) Also applies to orders placed by non-DoD agencies on behalf of DoD; and
(4) Does not apply to orders for architect-engineer services, which shall be placed in accordance with the procedures in FAR Subpart 36.6.
(b) Each order exceeding $100,000 shall be placed on a competitive basis in accordance with paragraph (c) of this subsection, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6 and includes a written determination that-
(1) A statute expressly authorizes or requires that the purchase be made from a specified source; or
(2) One of the circumstances described at FAR 16.505(b)(2)(i) through (iv) applies to the order. Follow the procedures at PGI 216.505-70 if FAR 16.505(b)(2)(ii) or (iii) is deemed to apply.
(c) An order exceeding $100,000 is placed on a competitive basis only if the contracting officer-
(1) Provides a fair notice of the intent to make the purchase, including a description of the supplies to be delivered or the services to be performed and the basis upon which the contracting officer will make the selection, to all contractors offering the required supplies or services under the multiple award contract; and
(2) Affords all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.
(d) When using the procedures in this subsection-
(1) The contracting officer should keep contractor submission requirements to a minimum;
(2) The contracting officer may use streamlined procedures, including oral presentations;
(3) The competition requirements in FAR Part 6 and the policies in FAR Subpart 15.3 do not apply to the ordering process, but the contracting officer shall consider price or cost under each order as one of the factors in the selection decision; and
(4) The contracting officer should consider past performance on earlier orders under the contract, including quality, timeliness, and cost control.
