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    If DFAR 252.225-7001 does not apply, should the contract revert back to FAR 52.225-1? The language in DFAR 225.1101(2)(i) is not clear. Thanks.


    Answer

    Good question.
     

    Bottom Line is that in DoD we never use 52.225-1…unless we are procuring for a non DoD Agency under the Economy Act.
     
    I’m going to assume that you have an approved J&A for the authority to award using 6.302-3.  As a result, in accordance with DFARS 206.302-3-70, your solicitation will include the provision 252.206-7000 Domestic Source Restriction.  You’ll notice this provision only limits you to awarding to a domestic (or Canadian) source.  The Buy American Statute is a type of domestic source restriction (just like the Berry Amendment and some Specialty Metals, etc.).
     
    We only use other than full and open competition when it can be justified and approved.  When that happens we recognize that these procurement scenarios may not be possible if we also include BA related restrictions.  That is why you do not need to include DFARS 252.225-7000 and 252.225-7001 and why DFARS 225.1101(2)(i)(A) is written the way it is.
     
    Hope this helps.


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