Fun with the DFARS Part 207

  • 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 business dealings with the debarred or suspended contractor.

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