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  • Question

    Since the nature of a combo is commercial and since -4 and -5 inclusion in an award follows -1, -2 and -3 inclusion in a solicitation, would it be correct for the Government to imply -4 and -5 inclusion at the solicitation phase without insertion until contract award so as to maintain the simplified nature of the combo?


    Answer

    FAR 12.301 states "Insert the following provisions in solicitations for the acquisition of commercial items, and clauses in solicitations and contracts for the acquisition of commercial items:..." In other words, the -4 and -5 clauses are to be inserted only the contracts, not in solicitations or combined synopses/solicitations. Of course, statements that the -4 and -5 clauses "apply" to the acquisition must be included in the combined synopsis/solicitation, as required by FAR 12.603(c)(xi) and (xii).

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