Subpart 12.1
Acquisition of Commercial Products and Commercial Services
FAR Subpart 12.1 sets the foundation for using streamlined commercial acquisition procedures, making it essential for efficient and compliant federal procurement of commercial products and services.
Overview
FAR Subpart 12.1 establishes the foundational policies and procedures for acquiring commercial products and commercial services within the federal government. It outlines the overarching policy favoring the use of commercial acquisition procedures, defines the scope of applicability for these procedures, and addresses the treatment of commercially available off-the-shelf (COTS) items. This subpart serves as the gateway for understanding how Part 12 streamlines federal procurement by leveraging commercial market practices, reducing administrative burden, and promoting efficiency and innovation in government contracting.
Key Rules
- Policy (12.101)
- Establishes the federal policy to acquire commercial products and services whenever possible, using streamlined procedures tailored to the commercial marketplace.
- Applicability (12.102)
- Defines when and to which contracts the commercial acquisition procedures apply, including exceptions and limitations.
- Commercially Available Off-the-Shelf (COTS) Items (12.103)
- Clarifies the special treatment and simplified requirements for COTS items, which are a subset of commercial products.
Responsibilities
- Contracting Officers: Must determine if requirements can be met with commercial products/services and apply Part 12 procedures accordingly.
- Contractors: Should be prepared to offer commercial solutions and comply with relevant commercial item clauses.
- Agencies: Oversee and encourage the use of commercial acquisition strategies to meet mission needs efficiently.
Practical Implications
- This subpart exists to promote the use of commercial practices in federal procurement, reducing unique government requirements and fostering competition.
- It impacts daily contracting by streamlining solicitation, evaluation, and award processes for commercial items.
- Common pitfalls include misclassifying items as commercial or failing to apply the correct procedures, which can lead to compliance issues or procurement delays.