Sign In
  • Question

    I want to know what clauses/provisions should be included in the RFP/contract as it is no-cost? Which clauses/provisions would be applicable?


    Answer

    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR 1.104 -- Applicability
    The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded.

    FAR 2.101 -- Definitions
    “Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

    2. The following reference is also applicable to this response: GAO paper: “NO-COST CONTRACTS, FREQUENTLY ASKED QUESTIONS dated March 13, 2008, Section 5, “How do the federal procurement laws apply to an agency’s use of a no-cost contract?
    http://www.gao.gov/special.pubs/appforum2008/nocostcontracts.pdf

    3. As set forth in FAR 1.104, the FAR only applies to “acquisitions” as defined in FAR part 2. As specified in FAR 2.101, “Acquisition” means the acquiring by contract with appropriated funds of supplies or services by and for the use of the Federal Government through purchase or lease. Because this action will involve the use of a no-cost contract for event planning purposes where no appropriated funds will be expended, any FAR provisions and clauses do not apply to this contract. This opinion is also confirmed by the GAO its position paper referenced in paragraph 2 above.




    Open full Question Details