§ 3.5. Appropriate use.
125 words·~1 min read·
/us/cfr/t32/s§ 3.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In accordance with statute, this authority may be used only when:
(a)At least one nontraditional Defense contractor is participating to a significant extent in the prototype project; or
(b)No nontraditional Defense contractor is participating to a significant extent in the prototype project, but at least one of the following circumstances exists:
(1)At least one third of the total cost of the prototype project is to be paid out of funds provided by non-Federal parties to the transaction.
(2)The Senior Procurement Executive for the agency determines in writing that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a procurement contract. \[67 FR 54956, Aug. 27, 2002\]