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  • Question

    Can commercial and non-commercial items be combined on one BOA? Can commercial and non-commercial items be combined on one BOA order? Must they be differentiated?


    Answer

    Just as commercial items and non-commercial items can be acquired under the same contract, so too can they be acquired using the same basic ordering agreement. The BOA will contain the terms and clauses applicable to future orders stemming from the BOA, so both FAR Part 12 terms and clauses and non-commercial clauses from the applicable FAR parts should be contained in the BOA. One way to differentiate the two types of items on the order is to indicate whether the item is commercial or non-commercial using informational line items. That way, it will be clear which terms and clauses are applicable for a particular item.

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