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napolik

Applicability of FAR PArt 12 to FAR 8.4 and 16.5

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FAR 12.102, Applicability, states that

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(a) This part shall be used for the acquisition of supplies or services that meet the definition of commercial items at 2.101.

(b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in Part 13, Simplified Acquisition Procedures; Part 14, Sealed Bidding; or Part 15, Contracting by Negotiation, as appropriate for the particular acquisition.

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FAR 12.207, Contract Type, states at (b) (1) (ii) (C) (3) that

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When making a change that modifies the general scope of—

(i) A contract, follow the procedures at 6.303;

(ii) An order issued under the Federal Supply Schedules, follow the procedures at 8.405-6; or

(iii) An order issued under multiple award task and delivery order contracts, follow the procedures at 16.505(b)(2).

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Question: Given FAR 12.102(b), why does FAR Part 12 address issues involving FAR 8.4 and 16.5?

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Maybe I am missing something but it would seem that as FAR Part 16 is an “other” part of the FAR this paragraph of FAR 12.102 is the reason FAR Part 12 attempts to clarify applicability of FAR Part 8 and 16 in certain instances.…..

(c) Contracts for the acquisition of commercial items are subject to the policies in other parts of the FAR. When a policy in another part of the FAR is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial items.

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Looking for answers to "why" questions like that one will drive you crazy.

Thank you for using the future tense.

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FAR 12.102(b) applies to "the policies and procedures for solicitation, evaluation, and award" while FAR 12.207 applies to "making a change" which occurs post-award.  As such, I don't see how FAR 12.102(b) precludes FAR Part 12 from cross-referencing readers to FAR Subparts 8.4 and 16.5.  If the point you're trying to make is that FAR 12.102(b) should restrict any references to Parts other than 13, 14, or 15, I think FAR 12.102(c) would address that concern (as another poster already pointed out).

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