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Distinguishing FAR Part 12 from FAR Part15 Contracts


AspiringGovKr

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I am looking at a database of contracts trying to determine which ones were awarded under FAR Part 12 (commercial items) and which were awarded by negotiation under FAR Part 15 (like Networx and EIS Task Orders). All of the awards are for the same type of commercial items, and not COTS (consistent w/ the FAR 2.101 definitions). Would it be accurate to assume that 1449 awards are FAR Part 12 awards and the SF33s are FAR Part 15, or would this effort  require a review of each procurement to determine the basis for award?

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Your entire premise is wrong.  A contract can be both FAR Part 12 and FAR Part 15 at the same time.  A contract for commercial items is awarded using FAR Part 12 in conjunction with FAR Part 13, FAR Part 14, or FAR Part 15.  There is no such thing as a solely FAR Part 12 contract.

Please re-read the first sections of FAR Part 12.

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Thanks! That was my reading as well, especially given the "in conjunction" language you quoted. Unfortunately the govt wants data based on FAR Part 12or FAR Part 15 contracts. Therefore I thought I would determine which contracts are FAR Part 12 only and which are Far Part 15  (incl in conjunction w/ FAR Part 12). 

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3 hours ago, AspiringGovKr said:

Thanks! That was my reading as well, especially given the "in conjunction" language you quoted. Unfortunately the govt wants data based on FAR Part 12or FAR Part 15 contracts. Therefore I thought I would determine which contracts are FAR Part 12 only and which are Far Part 15  (incl in conjunction w/ FAR Part 12). 

If the contract was awarded on SF1449, then it is most likely safe to assume that the award was for a commercial item under Part 12. If it was awarded on SF33, and block 4 indicates the contract was negotiated, then it is most likely safe to assume that the award was made pursuant to FAR Part 15.

Your assumption may turn out to be incorrect in a few cases, but that won't be your fault.

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