Comment on FR Doc # 2026-12560
Judith RubinsteinSupportIndividual
Summary: The commenter provides specific technical corrections and recommendations regarding the Federal Acquisition Regulation (FAR) revisions. They identify inconsistencies in approval authorities and citations between Table 6-1 and FAR 16.507-6(e), and suggest specific language updates to ensure regulatory accuracy.
Two comments:
A. The approval authorities for other than full and open competition for DoD, NASA, and U.S.C.G. shown in Table 6-1 do not match the approval authorities for those entities shown in post-RFO FAR 16.507-6(e) for orders placed under multiple award indefinite quantity contracts that are awarded in the absence of fair opportunity.
I recommend either:
(a) Putting a note in or below Table 6-1 referring to FAR 16.507-6(e) for approval levels for orders under multiple award indefinite quantity contracts that are awarded in the absence of fair opportunity; OR
(b) Revising the approval levels for DoD, NASA, and U.S.C.G. in FAR 16.507-6(e) to match those shown in Table 6-1.
In the pre-RFO FAR, paragraphs 6.304(a), 8.405-6(d), and 16.505(b)(2)(ii)(C) all showed the same approval levels for basic awards, FSS orders, and task/delivery orders, respectively.
This is not the case with the post-RFO FAR. See attached side-by-side comparison of the dollar thresholds shown in Table 6.1 and those shown in FAR 16.507-6(e).
Additional recommendations:
(1) Add a note in or below Table 6-1 stating that the approval authorities shown in Table 6-1 apply to sole source FSS orders. (GSAM 538.71 is silent on approval authorities for such orders.)
(2) Use the same terminology in Table 6-1 and in FAR 16.507-6(e). Examples:
Table 6-1: “USCG”
FAR 16.507-6(e)(3) & (e)(4): “the Coast Guard”
Table 6-1: “HCA”
FAR 16.507-6(e)(3)(i): “The head of the procuring activity placing the order”
B. None of the FAR Cases 2026-005, 2026-001, 2026-007, or 2026-002 makes any changes to FAR Part 11. However, note that FAR 11.204(a)(2), 11.204(b), and 11.204(c) list the following incorrect FAR cites pertaining to items peculiar to one manufacturer. These cites were the correct cites for the pre-RFO FAR, but they are no longer correct.
(a)(2)(i) 6.302-1 for the authority to contract without providing for full and open competition. The correct cite for the post-RFO FAR is 6.103-1.
(a)(2)(ii) 13.106-1(b) and 13.501 for the basis or justification for not providing for maximum practicable competition for simplified acquisitions. The correct cites for the post-RFO FAR are 12.102 for commercial products and services and 13.101(b) for non-commercial products and services.
(b) 8.405-6 for multiple award schedule orders. There is no 8.405-6 in the post-RFO FAR. GSAM 538.7104-4 addresses items peculiar to one manufacturer for such orders.
(c) 16.505(a)(4) for orders under indefinite-quantity contracts. The correct cite for the post-RFO FAR is 16.507-7.