52.207-1 Notice of Standard Competition
Source: FAR 52.207-1 on acquisition.gov
FAR 52.207-1 requires solicitations under standard competitions to notify offerors of the A-76 process, ensuring transparency and outlining evaluation and contest procedures.
Overview
- FAR 52.207-1, Notice of Standard Competition, is a solicitation provision required when a procurement is part of a standard competition under OMB Circular A-76. Its purpose is to inform offerors that the government is evaluating whether to perform specified work in-house or contract it out, following the competitive procedures outlined in the Circular.
Key Rules
- Standard Competition Notification
- The solicitation must state that it is part of a standard competition under OMB Circular A-76 to determine if work will be performed by the government or a contractor.
- Evaluation Process
- The government will evaluate private sector offers, the agency tender (government's in-house proposal), and public reimbursable tenders per the solicitation and the Circular.
- Performance Decision and Announcement
- The outcome of the competition will be publicly announced. If a private sector offer wins, a contract is awarded; if the agency or public reimbursable tender wins, a letter of obligation or fee-for-service agreement is established.
- Contest Procedures
- Directly interested parties may file contests regarding the competition outcome, following FAR 33.103 procedures. Access to certain documents is restricted to legal agents during contest periods.
Responsibilities
- Contracting Officers: Must include this provision in applicable solicitations, manage the competition process, and ensure compliance with contest and announcement requirements.
- Contractors: Should understand the competition process, evaluation criteria, and contest rights.
- Agencies: Must follow OMB Circular A-76 and FAR 33.103 for competitions and contests.
Practical Implications
- This provision ensures transparency and fairness in deciding whether work is performed by government personnel or contractors. Contractors should be aware of the unique evaluation and contest procedures. Common pitfalls include misunderstanding the competition process or missing contest deadlines.
As prescribed in 7.305(a), insert the following provision:
Notice of Standard Competition (May 2006)
(a) This solicitation is part of a standard competition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter "the Circular"), to determine whether to accomplish the specified work under contract or by Government performance.
(b) The Government will evaluate private sector offers, the agency tender, and public reimbursable tenders, as provided in this solicitation and the Circular.
(c) A performance decision resulting from this standard competition will be publicly announced in accordance with the Circular. If the performance decision favors a private sector offeror, a contract will be awarded. If the performance decision favors an agency or a public reimbursable tender, the Contracting Officer shall establish, respectively, either a Most Efficient Organization letter of obligation or a fee-for-service agreement, as those terms are defined in the Circular.
(d) As provided in the Circular, directly interested parties may file contests, which are governed by the procedures in Federal Acquisition Regulation 33.103. Until resolution of any contest, or the expiration of the time for filing a contest, only legal agents for directly interested parties shall have access to the certified standard competition form, the agency tender, and public reimbursable tenders.
(End of provision)