Guest carl r culham Posted April 5, 2011 Report Share Posted April 5, 2011 Removed Link to comment Share on other sites More sharing options...
Jacques Posted April 6, 2011 Report Share Posted April 6, 2011 As a point of reference, the prohibition on awarding T&M contracts for commercial services on other than a competitive basis is not contained in FASA. It is in the 2004 NDAA. Retread, I know that its "overcome by events" given Carl's latest post, but the 2004 NDAA (Pub. L. 108-136), section 1432 amends FASA (Pub. L. 103-355), section 8002(d). In other words, the "prohibition" is contained in FASA, albeit as amended. As amended by the NDAA, sec. 8002(d)(1)( c ) calls for the revision of the FAR to (expressly?) permit in certain circumstances the use of a T&M contract for commercial services when "purchased by the procuring agency on a competitive basis." FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted. Link to comment Share on other sites More sharing options...
Retreadfed Posted April 6, 2011 Report Share Posted April 6, 2011 Retread, I know that its "overcome by events" given Carl's latest post, but the 2004 NDAA (Pub. L. 108-136), section 1432 amends FASA (Pub. L. 103-355), section 8002(d). In other words, the "prohibition" is contained in FASA, albeit as amended. As amended by the NDAA, sec. 8002(d)(1)( c ) calls for the revision of the FAR to (expressly?) permit in certain circumstances the use of a T&M contract for commercial services when "purchased by the procuring agency on a competitive basis." FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted. Jaques, I don't understand your OBE comment. Link to comment Share on other sites More sharing options...
Jacques Posted April 7, 2011 Report Share Posted April 7, 2011 I just meant that section 8304 is not significant to this discussion based on Carl's most recent post. Link to comment Share on other sites More sharing options...
Retreadfed Posted April 7, 2011 Report Share Posted April 7, 2011 I just meant that section 8304 is not significant to this discussion based on Carl's most recent post. I'm sorry for being so obtuse, but there are so many posts by Carl that have been removed, I don't know to what you are referring. Link to comment Share on other sites More sharing options...
Jacques Posted April 7, 2011 Report Share Posted April 7, 2011 It appears Carl revised Post #9 following Post #27. I believe Post #9 reflects his current position. Link to comment Share on other sites More sharing options...
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