Extension of Sunset Date for Protests of Task and Delivery Orders (FAR Case 2012-007)

Summary:

FAC 2005-60 includes an interim rule amending the Federal Acquisition Regulation (FAR) to implement sections of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, and the National Defense Authorization Act for Fiscal Year 2012. These statutes extend the sunset date for protests against the award of task or delivery orders from May 27, 2011, to September 30, 2016.

Supplementary Information:

I. Background

DoD, GSA, and NASA published an interim rule in the Federal Register at 76 FR 39238 on July 5, 2011, entitled "Extension of Sunset Date for Protests of Task and Delivery Orders" (FAC 2005-53, FAR Case 2011-015). The rule implemented section 825 of the Ike Skelton National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011 (Pub. L. 111-383, enacted January 7, 2011). The rule extended the sunset date for protests of task and delivery orders valued in excess of $10 million for Title 10 agencies, namely DoD, NASA, and the Coast Guard. The rule did not extend the sunset date for Title 41 agencies as there was no comparable change to Title 41 at that time.

Subsequent to the publication of the interim rule under FAR Case 2011-015, section 813 of the NDAA for FY 2012 (Pub. L. 112-81, enacted December 31, 2011) made comparable changes to Title 41 to extend the sunset date for protests against the award of task and delivery orders from May 27, 2011, to September 30, 2016. In order to accomplish the statutory changes for both Title 10 and Title 41, FAR Case 2011-015 is not being issued as a final rule and is instead being renumbered and incorporated into this second interim rule, FAR Case 2012-007.

II. Discussion and Analysis

A. Summary of Significant Changes

FAR 16.505(a)(10)(ii) is amended to extend, for Title 41 agencies, the authority to protest the placement of task and delivery orders valued in excess of $10 million from May 27, 2011, to September 30, 2016.

B. Analysis of Public Comment

One public comment was received for FAR Case 2011-015. The public comment and response are provided as follows:

Comment on FAR Case 2011-015: The respondent indicated that the sunset date for protest of orders should extend to Title 41 agencies, not just Title 10 agencies.

Response: The rule has been changed to incorporate and implement the later-enacted section 813 of the NDAA for FY 2012 to extend the sunset date for the protest of task and delivery orders from May 27, 2011, to September 30, 2016, for Title 41 agencies.

Dates:

Effective Date:  The Effective Date for this interim rule is 26 July 2012.

Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before 24 September 2012 to be considered in the formulation of a final rule.

Click here to read the entire Federal Register notice for this rule.