Can a contracting activity establish a contract with the nonprofit agency during the addition process?
Yes, if permitted by Federal Acquisition Regulations. Contracting activities are cautioned not to use JWOD (41 U.S.C. 46-48c) as justification on a contract or on a determination and findings (D&F). Provision of commodities and services by nonprofit agencies under the authority of the JWOD Program cannot take place until after the effective date of addition to the Procurement List. The Committee alone is authorized to establish the fair market price for a JWOD commodity or service, and proposed additions under JWOD are not legally binding until approved by the Committee.
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- Can a contracting activity establish a contract with the nonprofit agency during the addition process?
