Abcd#1234 Posted September 16, 2009 Report Share Posted September 16, 2009 I have a question related to follow-on contracts in accordance with FAR part 6. FAR 6.02-1 Only one responsible source and no other supplies or services will satisfy agency requirements. The NON DOD agency I work for often uses the authority under 6.301-2 (a) (iii)-follow on contracts citing (A) the duplication of costs as a reason to sole source a follow-on contract. However, what confuses me is if you read the exact verbiage, it states ?for DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services?.etc. If I take this clause literally, to me it says this can only be cited as an authority for DOD, NASA, and the Coast Guard and no other agencies. Yet our non DOD agency uses this authority. To me it doesn?t make sense it would only apply to those agencies because the non DOD agency I work for truly does have circumstances that fit that authority, but the verbiage of the FAR tells me it does. Any interpretation and guidance you could provide would be appreciated. Thanks. Link to comment Share on other sites More sharing options...
Don Mansfield Posted September 16, 2009 Report Share Posted September 16, 2009 To me it doesn?t make sense it would only apply to those agencies because the non DOD agency I work for truly does have circumstances that fit that authority, but the verbiage of the FAR tells me it does. The rule clearly applies to DoD, NASA, and the Coast Guard only. Whether it makes sense to only apply to those agencies is irrelevant. Link to comment Share on other sites More sharing options...
brenadine Posted September 17, 2009 Report Share Posted September 17, 2009 I have a question related to follow-on contracts in accordance with FAR part 6. FAR 6.02-1 Only one responsible source and no other supplies or services will satisfy agency requirements. The NON DOD agency I work for often uses the authority under 6.301-2 (a) (iii)-follow on contracts citing (A) the duplication of costs as a reason to sole source a follow-on contract. However, what confuses me is if you read the exact verbiage, it states ?for DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services?.etc. If I take this clause literally, to me it says this can only be cited as an authority for DOD, NASA, and the Coast Guard and no other agencies. Yet our non DOD agency uses this authority. To me it doesn?t make sense it would only apply to those agencies because the non DOD agency I work for truly does have circumstances that fit that authority, but the verbiage of the FAR tells me it does. Any interpretation and guidance you could provide would be appreciated. Thanks. why don't they cite authority under 6.302-1 (a) (ii), which says the same thing but without the limitation to DoD, NASA and the Coast Guard? 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. (a) Authority. ... (2) When the supplies or services required by the agency are available from only one responsible source, or, for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. ... (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in -- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B ) Unacceptable delays in fulfilling the agency?s requirements. (See 10 U.S.C. 2304(d)(1)(B ) or 41 U.S.C. 253 (d)(1)(B ).) Link to comment Share on other sites More sharing options...
Don Mansfield Posted September 17, 2009 Report Share Posted September 17, 2009 why don't they cite authority under 6.302-1 (a) (ii), which says the same thing but without the limitation to DoD, NASA and the Coast Guard? It doesn't say the same thing. (a)(ii) is for supplies, (a)(iii) is for services. Link to comment Share on other sites More sharing options...
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