II. Discussion and Analysis

The Councils reviewed the comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows:

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A. What To Post
B. Where To Post Justifications
C. Posting Increases Acquisition Lead Time
D. What posting requirements are applicable to BPAs issued under FSS contracts and orders placed under the BPAs?
E. Interim Rule Prohibits Agency Use of Brand-Name Specifications When Placing Orders
F. Limiting Consideration to Brand-Names
G. When a Brand-Name Product Is Included in the Agency's Enterprise Architecture, an Additional Justification Should Not Be Required
H. Posting an RFQ Is Not Always Required When Using a Brand-Name Specification for Orders
I. Ties to Synopsis Exceptions for Open-Market Purchases
J. Clarify Thresholds, Cross-References, and Documentation Requirements