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FFP Spare parts markings & FFP 90 day grace period


jeff4757

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Folks-

Are you aware of any clause in the FAR that waives specific markings (IUID tags) for any items under $5k??

Also, our firm has a number of large dollar FFP contracts (PO's) that are significantly late and well beyond the original delivery f/c in the PO. It being FFP, isn't all the risk with our firm and the longer it takes to deliver, the less margin we receive? The customer has a right to cancel but is there any "90-day grace period" that forces the customer not to terminate for default?

I appreciate any feedback you can provide.

Thank you!

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As to your IUID question, I don't know of anything in the FAR. The $5,000 figure does appear in DFARS 211.274-2 as well as DFARS 211.274-6(a)(2) in instructing contracting officers on how to complete para ©(1)(ii) of the clause at 252.211-7003. As I read the DFARS, there may be circumstances where an item below $5,000 is subject to marking (serially managed, mission essential, controlled inventory). I don't have anything to share on your late deliveries question, as that issue can be very fact- and contract-specific.

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Jpayne, you mentioned that you have POs on which delivery is late. Did those orders state how acceptance would be evidenced so that you have a contract? Frequently, acceptance is evidenced by performance. If that is the case for you and performance has not been accomplished so that acceptance has occurred, you do not have a contract.

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