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Authority to protest FAR 16.505 orders north of $10M has expired

FAR 16.505 governs orders under multiple award ID/IQ contracts (excluding FSS Contracts whose orders are governed by FAR 8.4). Thus, orders issued against all multiple award MACs (e.g. OASIS) and GWACs (e.g. Alliant) follow FAR 16.505 ordering procedures.

 

FAR 16.505(a)(10)(i) prohibits any order protests unless the order:

(A) increases the scope, period, or maximum value of the contract; or

(B) is valued in excess of $10 million

 

On September 30, 2016 FAR 16.505(a)(10)(i)(B) expired. This means that contractors may no longer file protests unless the order increases the scope, period or maximum value of the contract from which the order was issued under.

 

Unless and until H.R.5995 or other bills (H.R. 4341 (sec 502) and Section 1862 of H.R. 4909) containing the same removal of 41 USC 4106(f)(3)  are signed into law, the authority to protest under FAR 16.505(a)(10)(i)(B) is gone.**

 

Since Congress is adjourned until November 14, 2016, ordering activities (other than DoD, NASA or the Coast Guard) can at least be relieved from protests under FAR 16.505(a)(10)(i)(B) until then.

 

**This does not apply to DoD, NASA or the Coast Guard (reference FAR 16.505(a)(10)(ii))

 

Important note: The information expressed on this blog or its attachments are those of the individual content creators as experienced contracting professionals and should not be viewed as GSA policy.

 

Author of this blog post: Brad deMers

 

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