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    1.) Is an acquisition strategy required for the FAR based follow-on? 2.) If the original AO stated market research was not performed, is a waiver appropriate for the follow on?


    Answer

    Question 1: Is an acquisition strategy required for the FAR based follow-on?
    Answer: Yes, if the OTA is "physically complete" and the follow-on requirement will be awarded using a FAR-based method such as FAR part 15. DFARS 207.103(d)(i)(B) requires an acquisition plan for "Acquisitions for production or services when the total cost of all contracts for the acquisition program is estimated at $50 million or more for all years or $25 million or more for any fiscal year". Check your agency supplement to see if an exception or waiver for acquisition plans exists for your acquisition.

    2.) If the original AO stated market research was not performed, is a waiver appropriate for the follow on?
    Answer: An individual deviation is most likely not appropriate for your acquisition, assuming the OTA is physically complete and the follow-on requirement is separate from the OTA and will fall under a FAR-based contracting method. FAR part 10 addresses market research and FAR 10.001(a)(2)(ii) mandates market research "before soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold". Check your agency supplement to see if there are any exceptions.

    If your requirement is determined to not be commercial, don't forget to add the market research clause 52.210-1 IAW its prescription: The contracting officer shall insert the clause at 52.210-1, Market Research, in solicitation and contracts over $5.5 million for the procurement of items other than commercial items.

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