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  • Question

    How can a commerciality determination be executed in a case where you're buying a service IAW with FAR 12.102(g) that does NOT meet the definition of a commercial item? There seems to be a contradiction between the FAR and DFARS in this area.


    Answer

    You should not be procuring a service using FAR Part 12 procedures if that service does not meet the definition of a commercial item. That being said, DFARS does not require that you document a commerciality determination for an item that does not meet the definition of a commercial item. The burden of proof exists when FAR Part 12 procedures are being used. There is no such burden (and no accompanying documentation requirement) when other than Part 12 procedures are used for an acquisition. I see no contradiction between the FAR and DFARS on this matter.

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