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Brett 81

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  1. Is a Prime Contractor required to compete a commercial procurement in order to issue a T&M/LH subcontract? Understand that FAR 12.207(b) requires Contracting Officers to use competitive procedures when awarding a T&M or LH commercial contract, however, that requirement would seem to be referring to the prime contract negotiated between the Government and the contractor. As many have pointed out on other posts, the FAR doesn't apply to contractors. It applies to acquisitions which are made by the government. I'd think if a Prime Contractor has made a CID and is able to make a fair and reasonable determination, that they would be able to award a T&M or LH subk on a commercial basis without being required to compete. Appreciate your thoughts on this.
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