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Does COTS Evaluation Software Fall Under The FAR?


2112LLP

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Hi,

An agency is interested in evaluating a COTS software package from a vendor for a defined period of time, for no cost ($0). The vendor will supply an evaluation software license agreement covering the use of the software during the evaluation period.

Is this considered an acquistion and does it fall under the guidance of the FAR?

Any feedback would be greatly appreciated!

Thanks!

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"Executive branch employees may not use their Government positions to suggest that the agency or any part of the executive branch endorses an organization (including a nonprofit organization), product, service, or person."

http://www.oge.gov/Topics/Use-of-Government-Position-and-Resources/Endorsing-Organizations,-Products,-or-Persons/

You might also be interested in the GAO's white paper on no-cost contracts:

http://www.gao.gov/special.pubs/appforum2008/nocostcontracts.pdf

You might also be interested in an earlier WIFCON discussion:

http://www.wifcon.com/discussion/index.php?/topic/1578-no-cost-agreements-and-cicacompetition/

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