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  • Question

    Is the firm-fixed price modification CLIN considered a supply or service since its purpose is to deliver an operable, upgraded aircraft? And when it comes to selecting clauses, do I need to select those applicable to FFP Service as well as FFP Supply?


    Answer

    I would look at the definition in FAR 2.101 of a supply.  It states,  "Supplies" means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing.
     
    So based on the definition of a supply in the FAR a supply can include both the actual equipment as well as the installation.  Therefore I would include the clauses applicable to FFP Supply items.


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