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Small Business Regulatory Review and Reform Initiative

Regulatory Review and Reform (r3) Top 10 Rules, 2008
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Update Reverse Auction Techniques for Online Procurement of Commercial Items
Agency Office of Federal Procurement Policy (OFPP), Office of Management and Budget
Submitter Fairness in Procurement Alliance
Nominated February 28, 2008
Description In the federal government’s procurement system, the live electronic reverse auction technique was designed as a contracting tool to provide contracting officers with flexibility to make contract awards in a timely manner. Bidders who use the technique submit their bids through an online intermediary and are informed of competitors’ prices but not their identity. Bidders offer successively lower prices until no lower price is offered. The agency must then decide whether it will make the award. Some current techniques used by contracting officers may have the unintended result of circumventing Federal Acquisition Regulation (FAR) Part 19, which requires agencies to set aside certain dollar threshold contracts for small businesses. The problem exists because no specific FAR regulation instructs contracting officers in how to use the reverse auction tool.
Small entities affected All federal small business prime contractors are affected by this process.
Regulatory burden Small business prime contractors are being subjected to acquisitions processes that may vary from agency to agency. This variability may impose unnecessary costs to compete on small business prime contractors.

Proposed burden reduction The OFPP should review the reverse auction technique and consider structuring a federal government-wide rule that continues to provide the contracting officer with the flexibility embedded in reverse auctions while not conflicting with the well established FAR Part 19, which lays out small business competition requirements.
Small entity benefits A well-defined regulation for reverse auctions will provide the small business federal contractor the business template necessary to measure the “cost to compete burdens and benefits” associated with contract bidding.
Status On October 4, 2006 the Office of Federal Procurement Policy (OFPP) announced a review to determine the appropriate course of action for this acquisition tool. OFPP has completed surveys of vendors and users. The surveys were targeted for government buyers who have never done a procurement using a reverse auction, and government buyers with experience using reverse auctions. The outcome of this review should be a FAR reverse auction regulation establishing conditions of applicability. This regulatory framework will be supplemented by a detailed “best practice” guide for the acquisition community.
Advocacy contact Major Clark, advocacy@sba.gov

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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