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  • Question

    Can a contract for Fire Protection and Emergency services be done as a commercial contract on a SF-1449 or does it have to be a con-commercial contract on a SF-33?


    Answer

    It's ultimately a contracting officer determination as to whether an item or service is commercial. That said, a contracting officer would be hard-pressed to make a case that firefighting services can be considered as a commercial item. The private sector does not provide fire protection; that's a government function. Firefighting service is not a service "...of a type offered and sold competitively in substantial quantities in the commercial marketplace..." per the commercial item definition at FAR 2.101

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