Applicability
FAR 12.102 defines when commercial acquisition procedures apply, outlines key exceptions, and clarifies precedence over other FAR parts for commercial products and services.
Overview
FAR 12.102 outlines when and how Part 12 (Acquisition of Commercial Products and Commercial Services) applies to federal acquisitions. It mandates the use of Part 12 for supplies or services that meet the definitions of "commercial product" or "commercial service" as defined in FAR 2.101. Contracting officers must use Part 12 policies alongside the appropriate solicitation and award procedures from Parts 13, 14, or 15, depending on the acquisition method. If there is a conflict between Part 12 and another FAR part, Part 12 takes precedence for commercial acquisitions. The section also clarifies that Part 12 does not apply to micro-purchases, certain simplified purchase methods, or purchases from other federal agencies. Special provisions allow certain acquisitions related to national defense or recovery from specific attacks to be treated as commercial, but large sole source contracts under these provisions are still subject to cost accounting and pricing data requirements.
Key Rules
- Applicability to Commercial Products and Services
- Part 12 applies to acquisitions meeting the definitions of commercial products or services.
- Integration with Other FAR Parts
- Use Part 12 with Parts 13, 14, or 15, as appropriate for the acquisition method.
- Precedence of Part 12
- If there is a conflict with another FAR part, Part 12 governs for commercial acquisitions.
- Exclusions
- Part 12 does not apply to micro-purchases, certain simplified purchase methods, or purchases from other federal agencies.
- Special National Defense Provisions
- Certain acquisitions for defense or recovery from attacks can be treated as commercial, but large sole source contracts must comply with cost and pricing data rules.
Responsibilities
- Contracting Officers: Must determine if the acquisition qualifies as commercial, apply the correct FAR parts, and ensure compliance with exclusions and special provisions.
- Contractors: Should understand when their products/services qualify as commercial and be aware of exceptions and additional requirements for large sole source contracts.
- Agencies: Heads of agencies may designate certain acquisitions as commercial for national defense/recovery purposes and must ensure compliance with cost/pricing rules for large sole source contracts.
Practical Implications
- This section ensures commercial acquisition procedures are used when appropriate, streamlining procurement and reducing unnecessary government-unique requirements. Contractors benefit from simplified processes but must be aware of exceptions, especially for large, sole source, or special defense-related contracts. Common pitfalls include misclassifying acquisitions or overlooking exclusions and special compliance requirements.