(Editor’s Note.  The following two decisions illustrate the differences in procurement requirements conducted under FAR Part 15 “Acquisitions by Negotiations” and FAR Part 13 and Part 8 simplified acquisition procedures.)

The government solicited bids for a Bell Helicopter under the simplified acquisition procedures covering commercial items under $5 million.  The protester (manufacturer of another helicopter) to the award asserted that restriction to competition for only Bell helicopters violated the Competition in Contracting Act requiring full and open competition.  The Comp. Gen. denied the protest finding the Bell Helicopter better suited the government’s needs even though the competing helicopter was “fine” and that the FAR’s simplified acquisition procedures are exempt from requirements to obtain full and open competition but only require the promotion of competition to the “maximum extent practicable” (Corbin Superior Composites, Comp. Gen. Dec. B-242394).

The Department of Health and Human Services negotiated purchase of several items off the General Service Administration’s Federal Supply Schedule (FSS).  The protester alleged the use of negotiation procedures resulted in violation of  FAR Part 15 requirements to fully state award criteria.  The  Court ruled otherwise stating in spite of using negotiation procedures under FAR Part 15, FSS purchases fall under FAR Part 8 simplified acquisition procedures that provides for overturning an award only when the agency lacked a rational and reasonable basis for its selection decision (Ellsworth Assocs. Inc vs US, 1999 WL 1097003).

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