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  • Question

    Can I write a commercial delivery order against a non-commercial IDIQ and set it up like its own IDIQ so we can place repair orders against it as repairs are required? Please contact me with your advice on the best way to set up this ICS Support.


    Answer

    I strongly recommend that you do NOT try to fit the square commercial peg into the non-commercial round hole. As a commercial item/service buy, you are awarding under FAR part 12, which has substantially different rules than FAR part 15, which is what I assume you awarded the original contract under. The clauses change, some of the procedures are slightly different- just write a commercial item IDIQ contract and be done with it. There are just too many potential problems trying to swap out clauses and establishing what authority the Government had at what time. Every time you issue an order otherwise, you will have to identify which sets of clauses (commercial or non-commercial) apply- just too complicated in my opinion.
     

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