§ 3.5 Appropriate use.
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
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]
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.