Time-and-Materials and Labor-Hour Contracts for Commercial Items (FAR Case 2009-043)

Summary:

FAC 2005-55 includes a final rule amending the Federal Acquisition Regulation (FAR) to implement Government Accountability Office (GAO) recommendations to: ensure that time-and-materials and labor-hour contracts are used to acquire commercial services only when no other contract type is suitable; and instill discipline in the determination of contract type with a view toward managing the risk to the Government.

Supplementary Information:

I.  Background

DoD, GSA, and NASA published a proposed rule in the Federal Register at 75 FR 59195 on September 27, 2010. The due date for public comments was November 26, 2010.

Eleven comments were received from four respondents. The comments are separated into eight categories, addressed in the following sections.

II.  Discussion and Analysis of the Public Comments

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the comments in the development of the final rule.  See here.

Dates:

The Effective Date for this final rule is 2 February 2012.

Click here to read the entire Federal Register notice for this rule.