jfeibel Posted April 18, 2018 Report Share Posted April 18, 2018 Since the FAR doesn't apply to NAF; and you want a put a contract in place (or would you call it something else a non-FAR Contract)? with a contractor, would you be bound be FAR since you are using a contract. Would a price evaluation need to be conducted that is follows the FAR? Link to comment Share on other sites More sharing options...
joel hoffman Posted April 18, 2018 Report Share Posted April 18, 2018 There should be Non-Appropriated Fund regulations for various Instrumentalities (“NAFI’s”), which should explain their contracting procedures. I know that there is one for Army NAF Contracting procedures. Link to comment Share on other sites More sharing options...
Matthew Fleharty Posted April 18, 2018 Report Share Posted April 18, 2018 41 minutes ago, jfeibel said: Since the FAR doesn't apply to NAF; and you want a put a contract in place (or would you call it something else a non-FAR Contract)? with a contractor, would you be bound be FAR since you are using a contract. Would a price evaluation need to be conducted that is follows the FAR? No, the FAR is only Applicable when (according to FAR 1.104): Quote The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded See definition of "acquisition" which states (emphasis added): Quote “Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. Since you're using non-appropriated funds the FAR, including its pricing policies, do not apply. Take a moment and re-read your original post jfeibel. Do you notice how it contradicts itself? Why state upfront that "the FAR doesn't apply to NAF" then immediately disregard that statement to inquire as to whether or not you would "be bound be [sic] FAR since you are using a contract"? Link to comment Share on other sites More sharing options...
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