There is a recent proposed rule for the bundling of task and/or delivery orders that could further address the issue and make changes that supplement or reinforce the legislation found in the Small Business Jobs Act (see below). Below is the “proposed” rule that you need to be aware of and understand how it could favorably impact your strategic marketing plan. Take special note of the due date for comments on proposed rule as you can make a positive statement in support of actions that are good for your business.
PROPOSED: Task and Delivery Order Contracts, Bundling, Consolidation (3245-AG20) This proposed regulation addresses task and delivery order set-asides under multiple-award contracts, multiple-award contract partial set-asides, and reserving multiple-award contracts when using full and open competition (See interim FAR rule 2011-024). The procurement authority must publish rationale for bundling on agency website and for consolidated contracts valued at greater than $2M it requires that a Senior Procurement Executive / Chief Acquisition Officer ensures that market research was conducted and that it was determined consolidation is necessary and justified. This was published on 5/16/2012 (77 FR 29130) and comments due 7/16/2012.
The bundling of contracts has always been an issue with contractors and especially with small businesses. The act of bundling is seen as a limit to competition and favors large businesses who have the assets to bid on and manage large complex single awards with multiple sub-contractors.
This bundling issue has been the subject of many complaints to SBA and testimony before Congress. Recently there have been efforts to address this through both legislation and regulation and you owe it to yourself to become familiar with what’s going on that can open opportunities that previously were not available.
Small Business Jobs Act: Implementation of Conforming & Technical Amendments (3245- AG15). This establishes the requirement to publish a list and the rationale for any bundled contracts on the agency website within 30 days of data certification. This was published on 10/13/2011 (76 FR 63542) and was effective as of 11/28/2011.