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SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS

(Revised July 15, 2009)

 

 



 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
 212.302 Tailoring of provisions and clauses for the acquisition of commercial items.


212.301  Solicitation provisions and contract clauses for the acquisition of commercial items.

 

      (f)  The following additional provisions and clauses apply to DoD solicitations and contracts for the acquisition of commercial items.  If the offeror has completed the provisions listed in paragraph (f)(i) or (ii) of this section electronically as part of its annual representations and certifications at https://orca.bpn.gov, the contracting officer may consider this information instead of requiring the offeror to complete these provisions for a particular solicitation.

 

              (i)  Use one of the following provisions as prescribed in Part 225:

 

                    (A)  252.225-7000, Buy American Act--Balance of Payments Program Certificate.

 

                    (B)  252.225-7020, Trade Agreements Certificate.

 

                    (C)  252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.

 

              (ii)  Use the provision at 252.212-7000, Offeror Representations and Certifications--Commercial Items, in all solicitations for commercial items exceeding the simplified acquisition threshold.  If an exception to 10 U.S.C. 2410i applies to a solicitation exceeding the simplified acquisition threshold (see 225.7603), indicate on an addendum that “The certification in paragraph (b) of the provision at 252.212-7000 does not apply to this solicitation.”

 

              (iii)  Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraphs (a) and (b), as appropriate.

 

See DoD Class Deviation 2009-O0005, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System, issued on May 1, 2009.  This deviation expires on April 30, 2014.

 

              (iv)  Use the provision at 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country, as prescribed in 209.104-70(a).

 

              (v)  Use the clause at 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card, as prescribed in 232.1110.

 

              (vi)  Use the clause at 252.211-7003, Item Identification and Valuation, as prescribed in 211.274-4.

 

              (vii)  Use the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, as prescribed in 225.7402-4.

 

              (viii)  Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts that include the clause at 252.225-7040.

 

              (ix)  Use the clause at 252.211-7006, Radio Frequency Identification, as prescribed in 211.275-3.

 

              (x)  Use the clause at 252.232-7010, Levies on Contract Payments, as prescribed in 232.7102.

 

              (xi)  Use the clause at 252.246-7003, Notification of Potential Safety Issues, as prescribed in 246.371.

 

              (xii)  Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(e).

 

212.302  Tailoring of provisions and clauses for the acquisition of commercial items.

 

      (c)  Tailoring inconsistent with customary commercial practice.  The head of the contracting activity is the approval authority within the DoD for waivers under FAR 12.302(c).


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