[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR32.43]



[Page 167]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 32_ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH 

INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec.  32.43  Competition.



    All procurement transactions shall be conducted in a manner to 

provide, to the maximum extent practical, open and free competition. The 

recipient shall be alert to organizational conflicts of interest as well 

as noncompetitive practices among contractors that may restrict or 

eliminate competition or otherwise restrain trade. In order to ensure 

objective contractor performance and eliminate unfair competitive 

advantage, contractors that develop or draft specifications, 

requirements, statements of work, invitations for bids and/or requests 

for proposals shall be excluded from competing for such procurements. 

Awards shall be made to the bidder or offeror whose bid or offer is 

responsive to the solicitation and is most advantageous to the 

recipient, price, quality and other factors considered. Solicitations 

shall clearly set forth all requirements that the bidder or offeror 

shall fulfill in order for the bid or offer to be evaluated by the 

recipient. Any and all bids or offers may be rejected when it is in the 

recipient's interest to do so.