2.  Combine Guidance From This Case With FAR Case 2007-012

Comment: A respondent noted that DoD, GSA, and NASA will be issuing guidance implementing section 863 of the National Defense Authorization Act for FY 2009 and recommended that any guidance regarding the use of T&M or LH orders be included in that rule, not in this case, FAR Case 2009-043. Such an approach, according to the respondent, would provide for clarity in the process and allow for a comprehensive review by all the stakeholders.

Response: FAR Case 2007-012 implements a statutory requirement. The basis for FAR Case 2009-043 is not statutory; rather, the case was opened in response to a June 2009 GAO report entitled: "Minimal Compliance with New Safeguards for Time-and-Materials Contracts for Commercial Services and Safeguards Have Not Been Applied to GSA Schedules Program" (GAO-09-579, June 2009). Given the different purposes of the two cases, combining them would not be practical.