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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: July 11, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Acquisition Regulation (FAR); Definitions for Sealed Bid and Negotiated Procurements

SOURCE: Federal Register, July 11, 2000, Vol. 65, No. 133, page 42851

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed to amend the FAR to provide consistent definitions for sealed bids and negotiated procurements. This is in response to requirements contained in the June 1, 1999, presidential memorandum "Plain Language in Government Writing". The proposed rule is intended merely to reorganize, simplify, and clarify the FAR, not to make any substantive changes.

DATES: Submit comments on or before September 11, 2000.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVRS), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, e-mail: farcase.2000-403@gsa.gov. Cite FAR case 2000-403 in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano, Procurement Analyst, 202-501-1758.

SUPPLEMENTAL INFORMATION: To provide consistency throughout the FAR, the following changes would be made pertaining to sealed bids and negotiated procurements:

Also, every instance where the terms "offeror," "prospective offeror," and "potential offeror" are used in the FAR was reviewed, and it was found that the use of the term "prospective offeror" is not used properly in paragraph (f) of FAR 15.201, Exchanges with Industry Before Receipt of Proposals, paragraph (e) of FAR 15.609, Limited Use of Data, and paragraph (g) of FAR 35.007, Solicitations. The FAR uses "prospective offeror" to mean an entity that is actively seeking a contract. However, since those paragraphs describe processes that are intended to insure fair and open competition, they cover all interested parties, not just those activity seeking a contract. Therefore, the more general term "potential offeror" is substituted for "prospective offeror" in those paragraphs.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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