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Section 801 of 2018 NDAA
REA'n Maker posted a topic in Proposed Law & Regulations; Legal DecisionsThe 2018 NDAA contains an interesting provision being dubbed "The Amazon Amendment", which is described in Section 801 as "....a program to procure commercial products through online marketplaces for purposes of expediting procurement and ensuring reasonable pricing of commercial products." (http://thecgp.org/images/Section-801-2018-NDAA.pdf) Key Provisions: "...is used widely in the private sector, including in business-to-business e-commerce..." "...enables offers from multiple suppliers on the same or similar products..." "...a procurement of a product made through an online marketplace under the program...is deemed to satisfy requirements for full and open competition...[and] to be an award of a prime contract for purposes of the goals established under section 15(g) of the Small Business Act.." "....shall be made under the standard terms and conditions of the marketplace relating to purchasing on the marketplace..." "...the award of a contract to an online marketplace provider ... may be made without the use of full and open competition." "...the Comptroller General of the United States shall submit... a report on small business participation..." It seems obvious that Section 801 is implicitly referring to familiar online retailers such as Amazon, but it also seems companies like Grainger might also be included in the potential stable of eCommerce providers. It's notable that they have acknowledged the potential effect on small business and are creating a reporting requirement to capture that. Is this innovation, or predation?