FAR 16.504(c)(ii)(D)1, Interpretation

[RYE]

Would really appreciate some feedback; we have several cost type contracts > $100M.  Based on my interpretation, I think they are non-compliant because they are not FFP.

When you read the reference below do you interpret it to mean (i) or (ii) or (iii) or (iv) must be met or (i)(ii)(iii) or (iv) must be met?  I interpret the latter you have to meet (i) & (ii) and either (iii) or (iv).

 

D)  (1) No task or delivery order contract in an amount estimated to exceed $100 million (including all options) may be awarded to a single source unless the head of the agency determines in writing that—

  (i) The task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work;
  (ii) The contract provides only for firm-fixed price (see 16.202) task or delivery orders for—
  (A) Products for which unit prices are established in the contract; or
  (B) Services for which prices are established in the contract for the specific tasks to be performed;
  (iii) Only one source is qualified and capable of performing the work at a reasonable price to the Government; or
  (iv) It is necessary in the public interest to award the contract to a single source due to exceptional circumstances.

[ji20874]

Take your pick:  (i), (ii), (iii), or (iv).

If you pick (ii), then you take your pick, either (A) or (B)

So, in essence, only one has to apply, take your pick:  (i), (ii)+(A), (ii)+(B), (iii), or (iv).

Or, shown vertically, take your pick:

• (i);
• (ii)+(A);
• (ii)+(B);
• (iii); or
• (iv).

As Pharaoh said, so let it be written, so let it be done.

[general_correspondence]

ji

Ramesses was a Pharaoh - and Ramesses said it.  💰👑🗡️