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Member Since 07 Dec 2008
Offline Last Active Yesterday, 03:30 PM

Topics I've Started

Reverse Auctions

13 June 2013 - 12:53 PM

Recently I received a question as to whether a T&M contract for non-commercial items (services), awarded without submission of cost or pricing data (certified or otherwise), was subject to CAS. There is no specific CAS exemption that is on point, so I was going to say "Sure".

But then I found out that the contract was awarded via Reverse Auction, where the hourly billing rates were competed on-line via a series of iterations, and contract award was made to the low bidder.

My thought was that this was not a negotiated contract. CAS applies only to negotiated contracts. So the contract would not be CAS-covered. But regulatory support for my position is lacking.

What do y'all think? Is a contract awarded via Reverse Auction a negotiated procurement? If not, where can I find support for that position in the FAR?