Effective immediately, contracting officers, at their discretion, when issuing a solicitation that will result in multiple-award contracts issued for the same or similar services, may exclude price or cost as an evaluation factor for the contract awards, if the solicitation states that the Government intends to make an award to each and all qualifying offerors. The contracting officer shall consider price or cost as one of the factors in the selection decision for each task or delivery order under the multiple-award contract, in accordance with FAR 16.505(b)(1)(ii)(E).
For purposes of this deviation, a qualifying offeror is an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than fair and reasonable pricing.
Currently, contracting officers must evaluate price or cost as a factor in the selection decision for both the award of a multiple-award contract and each order placed against the multiple-award contract. This deviation permits contracting officers to evaluate cost or price only at the task- or delivery-order level, as long as the multiple-award contracts under which the orders are being placed are for the same or similar services and a contract award was made to each and all qualifying offerors.
This deviation implements section 825 of the National Defense Authorization Act for Fiscal Year 2017. This deviation does not apply to solicitations for multiple - award contracts that provide for sole source orders pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
This class deviation remains in effect until it is incorporated in the FAR, or until this class deviation is otherwise rescinded.