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DD254 in a commercial contract?


dmbfan73

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If a service requirement for computer maintenance and support is required to be provided by security cleared personnel does this change its commerciality?

In order to meet the commerciality definition in Part 2, paragraph 5, such services are procured for support of a commercial item (which they are) AND the source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government.

In our case the services are identical to those provided to the public with the exception of having access to classified information on the systems, thus requiring personnel with at least a secret clearance. Is this security requirement too dissimilar to the standard terms and conditions of the public marketplace to make this a noncommercial service?

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Guest Vern Edwards

My reaction is that the security requirements do not affect the commerciality of the service. They don't change the work itself very much if at all. Besides, even commercial firms that do no government work impose security requirements on their contractors to protect trade secrets.

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