Overview
This section defines the specific methodologies that qualify as "competitive procedures" for achieving full and open competition in federal acquisitions. It establishes a hierarchy of procedures ranging from traditional sealed bidding to specialized methods for research, professional services, and schedule-based purchasing.
Key Rules
- Primary Methods: Sealed bids and competitive proposals are the standard procedures for fulfilling competition requirements.
- Selection Priority: Contracting officers must use competitive proposals or other authorized procedures if sealed bidding is determined to be inappropriate.
- Procedural Flexibility: Agencies are permitted to use a combination of procedures, such as two-step sealed bidding, to meet their needs.
- Architect-Engineer (A-E) Services: The specific selection process for A-E contracts (per 40 U.S.C. 1102) is legally recognized as a competitive procedure.
- Research and Development (R&D): Broad Agency Announcements (BAAs) qualify as competitive if they are general in nature, include clear selection criteria, and utilize peer or scientific reviews.
- GSA Schedules: Utilizing Multiple Award Schedules (MAS) issued by the General Services Administration is officially categorized as a competitive procedure.
Practical Implications
- Contracting officers have the flexibility to choose the procurement vehicle that best fits the requirement—such as a BAA for innovative research or a GSA Schedule for commercial items—while remaining in compliance with statutory competition mandates.
- The regulation simplifies the "full and open competition" requirement by allowing agencies to leverage established systems, like the GSA MAS program, rather than conducting a standalone public solicitation for every purchase.