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  • Question

    What authority shall I cite? Can I use the one at FAR 6.302? Or since this acquisition is under FAR 13.5, "Simplified Procedures for Certain Commercial Items" and is exempt from FAR Part 6 IAW FAR 13.501(a)(1), shall I use the one at FAR 13.501(a)(1)(ii), 41 U.S.C. 1901 or 41 U.S.C. 1903? Or if none of above, what authority shall I use?


    Answer

    If I felt I had to use a statute, I would use 10 U.S.C. 2304 (g) as implemented by FAR 13.501(a)(1).  However, I believe that just referencing FAR 13.501(a)(1) would be the regulation that allows you to do this.  As always though, it would be prudent to discuss with your legal counsel to ensure the specifics of your scenario are fully vetted and the government's best interests are protected. 
     

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