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  • Question

    Can this requirement be a sole-source to the NPO that has accomplished all previous phases? If not can it be solicited only between NPO's? Since an NPO is not a Small Business and requirements over $3K are automatically SB set-asides, what authority would be used to break the set-aside?


    Answer

    FAR 2.1 clearly specifies that "contracts do not include grants and cooperative agreements covered by 31 USC 6301"; therefore if you have grant money, you are not awarding a "contract" but an agreement.  The FAR is not your regulation guidance, rather the DoD Grant and Agreement Regulations, DODGAR, should be the source for addressing your questions and providing guidance. 

    Specific to your question, you should use the principles provided
    in DODGAR §22.305 General policy and requirement for competition.  I also recommend taking the DAU online course Grants 201 or you can access the course material through the "student course material" section of the icatalogue.

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