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  • Question

    What are the appropriate FAR Clauses to be included in the solicitation & contract to protect Government's interest.


    Answer

    As you are probably aware, proper clause selection is critical to assembling a well written solicitation and contract. With such limited information provided about the requirement, AAP is probably not the best means for you to get an all-inclusive answer to your question. The best means would be for yourself and the rest of the acquisition team (including legal and the cognizant Contracting Offficer) to ensure a unified understanding of all aspects of the requirement and to use that information to decide on any and all clauses necessary to protect the Government's interest under your procurement. Tools such as the FAR Matrix, the www.hill.farsite.af.mil Clause Logic tool, and agency/local guidance policy and directives may also be helpful for you to consult. One word of advice though relative to Data Rights clauses. Remember FAR 27.409 -- Solicitation Provisions and Contract Clauses states: "(a) Generally, a contract should contain only one data rights clause. However, where more than one is needed, the contract should distinguish the portion of contract performance to which each pertains." Be sure to keep that in mind when reading FAR 27.4 and deciding on the best one to use.

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