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We have an effort for Research and Development. The period of performance is one (1) three year period. CLIN 0001 (1 Lot) is for NRE. CLIN 0002 (8 Each) is for EDMs. The minimum quantity on the IDIQ is CLIN 0001 (1 lot) and CLIN 0002 (8 ea). The rest of the CLINs on the IDIQ have no minimum guarantee and will be issued if/when needed. My question is this...We have R&D funding for this effort so the plan is to incrementally fund CLINs 0001 & 0002. However, if the minimum quantity is the 1 lot and 8 each and delivery of these are at the end of the 3 year PoP can we run into a problem if we don't get funding on out years and can't fund the remainder of this effort despite having issued a delivery order for the minimum quantity (CLIN 0001 and CLIN 0002). What I'm basically saying is are we doing something or in violation of anything if we issue a delivery order for the minimum quantity (0001 & 0002) with the intention of incrementally funding it with R&D funds assuming we get marks or don't get the funding anticipated?
Conundrum or Not? Do the procedures of FAR 13,14, & 15 apply to R&D contracts solicited following the procedures of 35.007? Here are my thoughts, FAR 35.006 is titled “Contracting Methods and Contract Type” the same title as SubChapter C (Parts 13-18). Within FAR 35 when other areas of contracting methods are required to be followed it states so expressly for example FAR 35.008(d) and (e), 35.007(d) and (e) . In contrast, FAR PART 13 states in 13.000 “Scope of part.” “This part prescribes policies and procedures for the acquisition of supplies and services, including construction, research and development,….the aggregate amount of which does not exceed the Simplified acquisition threshold”…. Is an award solicited via a BAA consistent with FAR 35.007 below the SAP to perform an analysis consistent with FAR 13.106-3 or 35.008? FAR PART 15 states in 15.00 “Scope of part.” “This part prescribes policies and procedures governing competitive and noncompetitive negotiated acquisitions.” The restrictions on the exchanges normaly provided in FAR 15 are removed in FAR 35. Do the procedures in FAR 13.106 and FAR 15.404 apply note the statement at the end of 35.008(e)? Thoughts and general discussion is appreciated.