Scope of part
FAR 12.000 establishes the government's preference for acquiring commercial products and services using streamlined, market-based procedures.
Overview
FAR 12.000 defines the scope of Part 12, which sets out the policies and procedures specifically for acquiring commercial products, commercial components, and commercial services. This section emphasizes the federal government’s preference for commercial acquisitions, as mandated by various U.S. Code sections. The intent is to streamline government procurement by aligning acquisition practices more closely with those used in the commercial marketplace, making it easier and more efficient for agencies to buy commercial goods and services.
Key Rules
- Applicability to Commercial Acquisitions
- Part 12 applies to acquisitions of commercial products, commercial components, and commercial services.
- Preference for Commercial Items
- The government is directed to prefer commercial solutions over custom or developmental items whenever possible.
- Alignment with Commercial Practices
- Acquisition policies under Part 12 are designed to mirror standard commercial marketplace practices, reducing unique government requirements.
Responsibilities
- Contracting Officers: Must apply Part 12 policies and procedures when acquiring commercial products or services and ensure compliance with statutory preferences.
- Contractors: Should be prepared to offer commercial products/services and operate under streamlined, commercially-oriented terms.
- Agencies: Should encourage and facilitate the use of commercial acquisition methods and monitor compliance with statutory mandates.
Practical Implications
- This section exists to simplify and expedite the procurement process for commercial items, reducing administrative burden and fostering competition.
- It impacts daily contracting by allowing more flexible, market-based terms and conditions.
- Common pitfalls include misclassifying items as non-commercial or failing to apply the streamlined procedures of Part 12 when eligible.