Acquisition of Commercial Products and Commercial Services
FAR Part 12 streamlines federal acquisition of commercial products and services by aligning government procurement with standard commercial practices, reducing administrative burden and encouraging broader vendor participation.
Overview
FAR Part 12 establishes the policies and procedures for acquiring commercial products and commercial services by the federal government. Its primary goal is to streamline the acquisition process, making it more efficient and accessible for both agencies and contractors by leveraging standard commercial practices. The part is organized into subparts that address general policy, special requirements, solicitation provisions, contract clauses, unique terms and conditions, applicability of certain laws, and streamlined procedures. Each subpart provides detailed guidance on how to conduct market research, evaluate offers, determine price reasonableness, and apply relevant laws and clauses, with a focus on maximizing competition and minimizing administrative burden.
Key Rules
- General Policy and Applicability
- Establishes that commercial products and services should be acquired using commercial practices whenever possible, and defines what qualifies as commercial and COTS (commercially available off-the-shelf) items.
- Special Requirements
- Outlines requirements for market research, solicitation, evaluation, contract types, quality assurance, and price reasonableness specific to commercial acquisitions.
- Solicitation Provisions and Clauses
- Specifies which FAR clauses and provisions apply to commercial contracts and how they may be tailored.
- Unique Terms and Conditions
- Addresses acceptance, termination, and warranty requirements unique to commercial contracts.
- Applicability of Laws
- Details which federal laws apply or are exempted for commercial and COTS acquisitions, including at the subcontract level.
- Streamlined Procedures
- Provides simplified procedures for solicitation and evaluation to expedite commercial acquisitions.
Responsibilities
- Contracting Officers: Must ensure acquisitions follow commercial practices, use appropriate clauses, conduct market research, and comply with applicable laws.
- Contractors: Must provide products/services that meet commercial standards and comply with contract terms and applicable laws.
- Agencies: Oversee compliance, ensure efficient acquisition, and report as required.
Practical Implications
- FAR Part 12 exists to make federal procurement of commercial products and services more efficient and less burdensome, encouraging broader participation from commercial vendors.
- It impacts daily contracting by reducing unique government requirements and leveraging industry standards.
- Common pitfalls include misapplying non-commercial clauses, failing to conduct adequate market research, or misunderstanding which laws apply.