When awarding government contracts, actual pricing will always beat hypothetical pricing. Yet most multiple award task and delivery order contracts are awarded based on hypothetical pricing. To change this, Section 876, Increasing Competition at the Task Order Level, was passed in 2018 as part of the National Defense Authorization Act for Fiscal 2019. As the then administrator of the General Services Administration, I know the agency worked closely with Congress to pass Section 876. Unfortunately, a recent Court of Federal Claims decision severely limited the applicability of Section 876, making…
Read More...