Competition
FAR 34.005-1 requires program managers and contracting officers to actively promote and sustain competition, ensure broad notice of acquisitions, and maintain continuity during contractor transitions in major system acquisitions.
Overview
FAR 34.005-1 emphasizes the importance of promoting and maintaining full and open competition throughout the acquisition process for major systems. Program managers are tasked with ensuring that competition is sustained between alternative system concepts and sources whenever it is economically beneficial and practicable. The regulation also requires that notice of proposed acquisitions be widely disseminated across business, academic, and government communities, and allows for the consideration of foreign contractors, technology, and equipment when feasible and permissible. Additionally, contracting officers are advised to carefully time solicitations and contract awards to ensure continuity in concept development, especially during transitions between contractors.
Key Rules
- Promotion of Competition
- Program managers must actively promote and sustain competition among alternative system concepts and sources throughout the acquisition process, as long as it is practical and cost-effective.
- Broad Dissemination of Acquisition Notices
- Notices of proposed acquisitions must be circulated as widely and effectively as possible to relevant communities, including business, academia, and government.
- Consideration of Foreign Sources
- Foreign contractors, technology, and equipment may be considered if feasible and allowed by law or regulation.
- Continuity in Concept Development
- Contracting officers should time solicitations and awards to avoid gaps in concept development during contractor transitions.
Responsibilities
- Contracting Officers: Ensure solicitations and awards are timed to maintain development continuity; consider foreign sources when appropriate.
- Contractors: Compete fairly and be aware of broad dissemination practices; foreign contractors should monitor opportunities.
- Agencies: Oversee that competition is promoted and notices are widely distributed.
Practical Implications
- This section exists to maximize competition, drive innovation, and ensure the government receives the best value in major system acquisitions.
- It impacts daily contracting by requiring proactive outreach and careful planning of acquisition timelines.
- Common pitfalls include insufficient notice circulation, failure to consider foreign sources, and lapses in development continuity during contractor transitions.