Sign In
  • Question

    FAR 5.203 states: (c) Except for the acquisition of commercial items (see 5.203(b)), agencies shall allow at least a 30-day response time for receipt of bids or proposals from the date of issuance of a solicitation, if the proposed contract action is expected to exceed the simplified acquisition threshold. (d) Agencies shall allow at least a 30 day response time from the date of publication of a proper notice of intent to contract for architect-engineer services or before issuance of an order under a basic ordering agreement or similar arrangement if the proposed contract action is expected to exceed the simplified acquisition threshold. Questions: Are orders under BOAs for commercial items subject to para. (c) or para. (d)?


    Answer

    The following response is based solely on the question and background information provided.  As we do not have all the facts particular to your contract, program and situation, we highly recommend you consult you Contracting Officer and Legal Office for guidance.
     
    FAR 12.102(c) states "Contracts for the acquisition of commercial items are subject to the policies in other parts of this chapter.  When a policy in another part of this chapter is inconsistent with a policy in this part, the Part 12 shall take precedence for the acquisition of commercial items."  FAR 12.205(c) states "Consistent with the requirements at 5.203(b), the contracting officer may allow fewer than 30 days response time for receipt of offers for commercial items, unless the acquisition is covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement."  You would use FAR 5.203(c) for a commercial BOA unless the acquisition is covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement.
     

    Open full Question Details