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  • Question

    Do the Bona Fide Need exceptions for supplies at 13 U.S.C 1502(a) apply to commercially available items?


    Answer

    The ACQuipedia article on Bona Fide Need provides excellent coverage of considerations associate with the Bona Fide Need Rule. The exceptions are broken out by supply items, service contracts, and construction items. No distinction is made between commercial and non-commercial items within those three categories, so yes--the exceptions apply to commercial items as well. The categorization of "commercial items" applies primarily to the acquisition method rather than to fiscal law considerations.

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