Applicability
FAR 12.102 ensures that commercial acquisition procedures are used when appropriate, but outlines clear exceptions and special rules contracting professionals must follow.
Overview
FAR 12.102 outlines when and how Part 12 applies to the acquisition of commercial products and commercial services. It mandates the use of Part 12 for acquisitions that meet the definitions of “commercial product” or “commercial service” as defined in FAR 2.101, except for certain small purchases and specific methods. Contracting officers must use Part 12 in conjunction with other solicitation and award procedures (Parts 13, 14, or 15) as appropriate. If there is a conflict between Part 12 and other FAR parts, Part 12 takes precedence for commercial acquisitions. The section also clarifies that “purposes other than governmental purposes” refers to uses not unique to the government. Exceptions to Part 12 include micro-purchases, use of Standard Form 44, imprest funds, governmentwide purchase cards as a purchase method, and direct purchases from other federal agencies. Additionally, supplies or services used for defense or recovery from certain attacks may be treated as commercial, but large sole source contracts under this authority are not exempt from cost accounting standards or certified cost/pricing data requirements.
Key Rules
- Applicability to Commercial Acquisitions
- Part 12 applies to acquisitions of supplies/services that meet the commercial definitions in FAR 2.101.
- Use with Other Procedures
- Contracting officers must use Part 12 alongside Parts 13, 14, or 15, depending on the acquisition method.
- Precedence of Part 12
- If there is a conflict with other FAR parts, Part 12 governs for commercial acquisitions.
- Exceptions to Applicability
- Part 12 does not apply to micro-purchases, certain purchase methods, or direct purchases from other agencies.
- Special Authority for Defense/Recovery
- Agencies may treat certain defense/recovery acquisitions as commercial, but large sole source contracts under this authority are not exempt from cost/pricing rules.
Responsibilities
- Contracting Officers: Determine if the acquisition is for a commercial product/service, apply Part 12 as required, use appropriate solicitation/award procedures, and ensure exceptions are followed.
- Contractors: Ensure offerings meet the commercial definitions and understand when Part 12 applies or does not apply.
- Agencies: May authorize special treatment for defense/recovery acquisitions and must ensure compliance with cost/pricing rules for large sole source contracts.
Practical Implications
- This section ensures commercial buying procedures are used when appropriate, streamlining acquisitions and reducing unnecessary government-unique requirements. Contractors benefit from more familiar, commercial terms, but must be aware of exceptions and special rules for certain acquisitions. Common pitfalls include misapplying Part 12 to ineligible purchases or overlooking exceptions for micro-purchases and special methods.