When a major system is developed exclusively at private expense, contracting officers are prohibited from requiring offers for development or production of those systems which would enable the Government to use technical data to competitively reprocure identical items or components of such systems. Per DFARS 207.5, unless there are certain extenuating circumstances, the Government may not contract out inherently governmental functions, such as command of military forces or the direct conducting of a criminal investigation. In certain circumstances and for compelling reasons, the Government may contract with a debarred or suspended contractor. Some examples of compelling reasons are: only a debarred or suspended contractor can provide the supplies or services, urgency requires contracting with a debarred or suspended contractor, or the national defense requires continued … Continue reading
Episode 1 Contracting officers have a duty to report any violations or suspected violations of improper business practices as set out in DFARS 203.070. Total or partial exclusion of a particular source from contract action is statutorily governed, so it is not covered much by the FAR. The DFARS provides much more guidance on this, as well as PGI 206.2.