iv.  Technical

Comment: One respondent stated that the threshold of "exceeding $150,000" at DFARS 208.405-70(c)(1), which provides criteria for orders placed on a competitive basis, appears to create a conflict with DFARS 215.371(e)(ii), which creates no threshold for the "attack items," i.e., items to facilitate against or recovery from nuclear, biological, chemical, or radiological attack.

Response: The final rule supplements, but does not conflict with, the competition requirements in DFARS 208.405-70(c)(1). The final rule provides additional policies and procedures when one offer is received in response to a competitive solicitation. The final rule, at DFARS 215.371-4, exempts certain acquisitions, including "attack items" from the new policies and procedures for one offer competitions.

Comment: One respondent noted that FAR 8.404 specifically states that FAR part 15 is not applicable to FSS orders. Therefore, this statement would have to be addressed in the DFARS, in order to make DFARS part 215 applicable.

Response: As requested by the respondent, the final rule adds specific language at DFARS 208.404(a) to make DFARS 215.371 applicable.

Comment: One respondent recommended creating a clause for orders (DFARS 208.405-70(d) and 215.506(S-70)).

Response: The final rule includes provisions at DFARS 252.215-7007, Notice of Intent to Resolicit, and DFARS 252.215-7008, Only One Offer, that apply to all competitive acquisitions, including orders, subject to the final rule. The final rule does not include an additional clause for orders.