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FAR 12.207(b) (1)(i)(B) Non Sequitor


Aegis

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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 FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted.

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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 FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted.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.

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