1 hour ago, C Culham said:

So yes I think Congress and the FAR Council should.

Should eliminate the dollar limitation on SAP?

Thanks for explaining.

I've stated my opinion. I'll step out now. Perhaps others will respond.

On 2/12/2026 at 10:50 AM, Don Mansfield said:

What would be wrong with permitting the use of SAP without a dollar limitation?

11 minutes ago, Don Mansfield said:

Should eliminate the dollar limitation on SAP?

Yes

One aspect not mentioned is industry reaction. The majority of contracting money goes to companies experienced in government contracting. They have organizational segments specialized in just doing business with the government with methodologies developed over years of experience. They like the status quo and don’t want the doors opened to others and approaches differing from the standard ways.

6 hours ago, Don Mansfield said:

Should eliminate the dollar limitation on SAP?

17 hours ago, formerfed said:

One aspect not mentioned is industry reaction. The majority of contracting money goes to companies experienced in government contracting. They have organizational segments specialized in just doing business with the government with methodologies developed over years of experience. They like the status quo and don’t want the doors opened to others and approaches differing from the standard ways.

I had the same thought as this thread progresses but then I wondered. Industry has accepted FAR Part 12 and the allowance to use SAP up to the $9 million threshold to the point that they defend it have they not? Seems they might embrace the idea of SAP as an option for everything.

I have also weighed Don's question against allowing Brooks Act like processes for all procurements. I struggle to decide what might be of most benefit.

On 2/20/2026 at 10:13 AM, C Culham said:

I have also weighed Don's question against allowing Brooks Act like processes for all procurements. I struggle to decide what might be of most benefit.

Given SAP allows any combination of procedures from 13, 14, 15, 35, and 36, wouldn't that include Brooks Act procedures?

3 hours ago, Don Mansfield said:

Given SAP allows any combination of procedures from 13, 14, 15, 35, and 36, wouldn't that include Brooks Act procedures?

3 hours ago, Don Mansfield said:

Given SAP allows any combination of procedures from 13, 14, 15, 35, and 36, wouldn't that include Brooks Act procedures?

I do not think so. A read of Part 36 in total reserves the Brooks Act process for A-E by my read. Same conclusion in a full read of FAR Part 13 where A-E is held out a different.

The Brooks Act authorizes and requires a Quality Based Selection (QBS) process without price competition - specifically for A-E contractor selection. Where price competition is required, QBS isn’t applicable.

7 hours ago, Don Mansfield said:

Given SAP allows any combination of procedures from 13, 14, 15, 35, and 36, wouldn't that include Brooks Act procedures?

I think use of a qualifications based selection like the Brooks Act would be allowable using SAP. Because the Brooks Act is specifically for A-E, I wouldn't use that terminology in the solicitation to avoid confusion, but a similar process could be used. The RFO FAR part 15's highest technically rated with fair & reasonable pricing method is similar to QBS, but with the price proposal submitted the same time as technical. If use of that process is allowed under SAP, I can't think of anything that would prevent you from mimicking the Brooks Act's phased approach.

3 hours ago, joel hoffman said:

The Brooks Act authorizes and requires a Quality Based Selection (QBS) process without price competition - specifically for A-E contractor selection. Where price competition is required, QBS isn’t applicable.

SAP requires price to be evaluated, but it doesn't necessarily require price competition, so I don't think this would prevent a QBS like process from being used. The competition requirement could be met by evaluating technical quotes (qualifications) of multiple vendors and then evaluating price for only the highest rated.

3 hours ago, Joe Bernier said:

SAP requires price to be evaluated, but it doesn't necessarily require price competition, so I don't think this would prevent a QBS like process from being used. The competition requirement could be met by evaluating technical quotes (qualifications) of multiple vendors and then evaluating price for only the highest rated.

Do you mean price has to be an evaluation factor or are you referring to the requirement to determine price reasonableness?

10 hours ago, Don Mansfield said:

Let me rephrase that--

Should Congress and/or the FAR Council mandate standard procedures for contractor selection and contract formation, or should they permit agencies to decide which procedures to use within the guidelines of FAR part 13 (for any dollar value)?

This has gotten confusing again. Here (above) is the question of the thread rephased in an attempt to avoid the confusion. I have followed the responses since this re-phrased question and the whole of responses keep going circular. In fact in reading and re-reading and then re-reading again I am honestly lost as it seems new questions have been posed that take the thread in different directions.

For example take this most recent question posed - "Do you mean price has to be an evaluation factor or are you referring to the requirement to determine price reasonableness?" With regard to what is my question now? Are we talking the SAT and is so the FAR or the RFO as I believe the response is different if the FAR or if the RFO.

All said I will keep following the thread as I usually do but I believe it has significantly departed from its original intent.

55 minutes ago, C Culham said:

Should Congress and/or the FAR Council mandate standard procedures for contractor selection and contract formation, or should they permit agencies to decide which procedures to use within the guidelines of FAR part 13 (for any dollar value)?

Don's question is too complicated. Let's edit it.

Should Congress and the FAR Council repeal all statutes and regulations that mandate procedures for competitively awarding contracts and let contracting officers decide how best to do it?

45 minutes ago, Vern Edwards said:

Should Congress and the FAR Council repeal all statutes and regulations that mandate procedures for competitively awarding contracts and let contracting officers decide how best to do it?

No, chaos of all sorts would occur.

In an attempt to tie the originial question, re-phrased together, my thought is this. Giving CO's greater latitude to select a method to conducting an acquisition under the current structure of quotes, bids, negotiation inclusive of selecting contractors through a process of evaluating abilities only and then negotiating price/cost makes lots of sense as it would emulate what happens in the world outside of Federal contracting. But, there needs to be sideboards, but what has been likened to essay writing contests surely does not need to be used in all cases where it seems the pendulum has swung to.

2 hours ago, C Culham said:

For example take this most recent question posed - "Do you mean price has to be an evaluation factor or are you referring to the requirement to determine price reasonableness?" With regard to what is my question now? Are we talking the SAT and is so the FAR or the RFO as I believe the response is different if the FAR or if the RFO.

Carl,

I posed that question to @Joe Bernier

3 hours ago, Vern Edwards said:

Should Congress and the FAR Council repeal all statutes and regulations that mandate procedures for competitively awarding contracts and let contracting officers decide how best to do it?

This might be a great test if Congress authorized it for a limited period. However only a few contracting officers could effectively carry it out. They would have to be carefully selected, provided desired outcomes and means to assess performance, and given empowerment and authority to independently implement.

18 hours ago, Don Mansfield said:

Do you mean price has to be an evaluation factor or are you referring to the requirement to determine price reasonableness?

The requirement to determine prices are fair and reasonable.