WHAT HAPPENED TO THE FEDERAL ACQUISITION STREAMLINING ACT'S PROTEST RESTRICTIONS ON TASK AND DELIVERY ORDERS?

摘要

FASA hoped to "transform [the] outmoded system of regulating defense-dependent industries . . . ," It accomplished that goal to a certain extent by strongly encouraging the use of multiple-award IDIQ contracts. Recent judicial and administrative opinions have cast doubt on the scope of the Act, however, and Congress must take action to clarify issues raised in the opinions. Without clarifying action, contracting officers may return to their former reluctance to use multiple-award IDIQ contracts because of uncertainty as to the ramifications of their use. Without Congressional action, contracting officers may come to prefer the relative safety and inefficiency of single-award IDIQ contracts over the use of multiple-award IDIQ contracts due to their unwillingness to subject their agencies to the risks of incurring long protest delays and large damages awards resulting from CDA claims.