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  • Question

    What is the proper name of the legal concept describing the requirement to consider each new contract on its own merits and without regard to previously awarded contracts? What document(s) can I reference to support the fact that previously-awarded contracts have no bearing on the formation of new contracts?


    Answer

    I believe you may be confusing the concept. The directive to consider each contract on its own merits applies specifically to contract pricing. FAR 15.402(b) instructs contracting officers to price each contract separately and independently. I'm unaware of any other blanket concept regarding considering one contract vis-a-vis another contract. The decision whether to categorize the current contract in the same way as a previous contract is a management decision, and should be based on relevant guidelines that apply to the current acquisition situation.

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