Electronic Transmittal (ET) No. 04-18
Interim Change to Market Research Checklist Form – WBR 1453.303-1412-1

D-7800
ACM-1.10

MEMORANDUM

To:          Director, PN, MP, LC, UC, GP
                 Attention: PN-3700, PN-3702, MP-820, LC-3100, LC-3103,
                  UC-440, GP-3800
               Director, Administrative Service Center
                  Attention: D-2940
               Director, Management Services
                 Attention: D-7800, D-7810

From:      Karla Smiley
                 Acquisition and Assistance Management Services  

Subject:  Electronic Transmittal (ET) No. . 04-18- Interim Change to Market Research Checklist Form – WBR 1453.303-1412-1

1. Purpose: This ET transmits changes to the Market Research Checklist form, WBR 1453.303-1412-1, in order to add the authority to treat performance-based contracts or task orders for services as commercial items if certain conditions are met. This is an interim change to coincide with the interim rule published within Federal Acquisition Circular (FAC) 2001-24, FAR Case 2004-004.

2. Effective Date: June 18, 2004.

3. Expiration Date: Until the revised format is incorporated into the RAR under ET 05-01, Supplement 1.

4. Background: An interim rule was published in the Federal Register dated June 18, 2004, (see FAC 2001-24, FAR Case 2004-004) which provides background and details regarding the FAR amendment on this subject, located at http://www.acqnet.gov/far/FAC/fac2001-24.pdf.

5. Explanation of Changes: As published as an interim rule in FAC 2001-24, dated June 18, 2004, the FAR has been amended to implement Sections 1431 and 1433 of the National Defense Authorization Act for fiscal year 2004 (Public Law. 108-136). As summarized, contracting officers are able to use FAR Part 12, Acquisition of Commercial Items, and Subpart 37.6, Performance-Based Contracting, for non-commercial services and treat these services as “commercial services” when specific conditions are met.

Attached is an interim change to the Market Research Checklist form, WBR 1453.303-1412-1, to incorporate the acquisition of performance-based contracts or task orders for services as “commercial services.” For ease in reading, changes to the existing version are noted by yellow highlighting.

6. Action Required:

a. Regional acquisition offices shall distribute this ET to all acquisition personnel.

b. Refer all questions to Vicki Cook at 303-445-2443, or via e-mail at vcook@do.usbr.gov.

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