1. Contracting officers should evaluate past performance in a commercial item procurement, but it is not mandatory. FAR 12.206.
2. Firm-fixed price commercial item contracts/orders are exempt from CAS. FAR 12.214. CAS Board regulations also exempt labor hour and time & materials commercial item contracts. CASB 9903.201-1(b)(6).
3. Changes to a commercial item contract may be made only by written agreement by the Government and the contractor. FAR 52.212-4(c).
DID YOU KNOW? FAR Part 34.201 requires an Earned Value Management System (EVMS) during development of a major acquisition system. This can be accomplished by using EVMS or Agile Program Management Systems, which are not closely compatible. Since the government often...
By David Gallacher, Partner, Sheppard Mullin We had a great discussion on Fun with the FAR, Episode 15 on June 2, 2021 with host Steven Daoust discussing FAR Part 25, Foreign Acquisitions, with co-host David Gallacher (partner, Sheppard Mullin). We started talking...
By Brett Egusa, Senior Legal Editor at Thomson Reuters Today we learned that the Federal Government has many unique and flexible contracting methods that it can use to fulfill special procurement needs. Under FAR 17.1 and 17.2, for example, we learn that the...