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Clarification: Reference to FAR 13.501 - statement Clinger-Cohen Act of 1996


ipod24

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Can someone please provide some information/clarification on the verbiage change under FAR 13.501? Previously it had stated in FAR 13.501(a)(1)(ii) "Prepare sole source justifications using the format at 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial items (section 4202 of the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136) as implemented at 12.102(f)(1)." I guess my organization (Navy) (which I was just hired into) used the reference Section 4202 of the Clinger-Cohen Act of 1996 whenever they bought supplies under the test program. However, when I checked the FAR reference, to date, verbiage changed to 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

My question is - why did they changed it from referencing Section 4204 of the Clinger-Cohen Act to 41 USC 1901 or 1903 -- I wanted to know the history.

I haven't really focused on this in the past, but by minor research this occurred sometime when they removed 13.5 back in 2012 and reinstated it again.

Additionally, why did they reference Clinger-Cohen Act for supplies buys -- I was under the impression it was used mostly, if not all, for Information Technology.

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Guest Vern Edwards

They simply switched from citing the law by its popular name ("Clinger Cohen Act") and public law section number to its section number in the U.S. Code. Do you know how Federal laws are enacted, published, and codified? Do you know what the U.S. Code is? If not, see this:

http://www.senate.gov/reference/resources/pdf/howourlawsaremade.pdf

and this

http://www.loc.gov/law/help/statutes.php

and this

http://en.wikipedia.org/wiki/United_States_Code

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