Removed

As a point of reference, the prohibition on awarding T&M contracts for commercial services on other than a competitive basis is not contained in FASA. It is in the 2004 NDAA.

Retread, I know that its "overcome by events" given Carl's latest post, but the 2004 NDAA (Pub. L. 108-136), section 1432 amends FASA (Pub. L. 103-355), section 8002(d). In other words, the "prohibition" is contained in FASA, albeit as amended. As amended by the NDAA, sec. 8002(d)(1)( c ) calls for the revision of the FAR to (expressly?) permit in certain circumstances the use of a T&M contract for commercial services when "purchased by the procuring agency on a competitive basis." FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted.

Retread, I know that its "overcome by events" given Carl's latest post, but the 2004 NDAA (Pub. L. 108-136), section 1432 amends FASA (Pub. L. 103-355), section 8002(d). In other words, the "prohibition" is contained in FASA, albeit as amended. As amended by the NDAA, sec. 8002(d)(1)( c ) calls for the revision of the FAR to (expressly?) permit in certain circumstances the use of a T&M contract for commercial services when "purchased by the procuring agency on a competitive basis." FASA sec. 8304 remains and generally applies with as much force to the Act as amended as originally enacted.

Jaques, I don't understand your OBE comment.

I just meant that section 8304 is not significant to this discussion based on Carl's most recent post.

I just meant that section 8304 is not significant to this discussion based on Carl's most recent post.

I'm sorry for being so obtuse, but there are so many posts by Carl that have been removed, I don't know to what you are referring.

It appears Carl revised Post #9 following Post #27. I believe Post #9 reflects his current position.