Sign In
  • Question

    When doing a T4C under 52.212(l), does any of the sections under FAR Part 49 apply? Specifically, FAR 49.109-2 Reservations, and 49.603-9 Settlement of reservations.


    Answer

    Although not explicitly stated, and for the benefit of others reading this, it can be determined this is a commercial task order because clause FAR 52.212-4 was included.  With that said, the question is does FAR part 49 apply to this commercial task order.

    FAR 49.002(a)(2) states:

               (2) This part does not apply to commercial product and commercial service contracts awarded using part 12 procedures. See 12.403 for termination policies for contracts for the acquisition of commercial products and commercial services. However, for contracts for the acquisition of commercial products and commercial services, this part provides administrative guidance which may be followed unless it is inconsistent with the requirements and procedures in 12.403, Termination, and the clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services.

    In your example you need to follow FAR 12.403, you can use FAR part 49 for guidance if you see fit, as long as it does not contradict FAR 12.403 and FAR 52.212-4.

    Open full Question Details
Chat with DAU Assistant
Bot Image