Subpart 12.3
Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Products and Commercial Services
FAR Subpart 12.3 ensures that solicitations and contracts for commercial products and services include the right provisions and clauses, tailored as needed, to streamline government acquisitions and align with commercial practices.
Overview
FAR Subpart 12.3 establishes the requirements for solicitation provisions and contract clauses when acquiring commercial products and commercial services. It outlines which FAR clauses and provisions must be included in solicitations and contracts, provides guidance on tailoring these clauses to fit commercial acquisitions, and addresses the contract format to be used. The subpart ensures that the acquisition process for commercial items remains streamlined and consistent with commercial practices, while still meeting government needs and regulatory requirements.
Key Rules
- Required Clauses and Provisions
- Specifies which FAR clauses and provisions must be included in solicitations and contracts for commercial products and services.
- Tailoring Clauses
- Allows for the modification (tailoring) of certain provisions and clauses to better align with commercial practices, within prescribed limits.
- Contract Format
- Provides guidance on the appropriate contract format for commercial acquisitions, emphasizing simplicity and efficiency.
Responsibilities
- Contracting Officers: Must ensure the correct clauses and provisions are included and properly tailored, and use the appropriate contract format.
- Contractors: Must review and comply with the specified clauses and provisions in solicitations and contracts.
- Agencies: Oversee compliance with FAR requirements and ensure acquisition processes align with commercial standards.
Practical Implications
- This subpart exists to bridge the gap between government and commercial contracting practices, making it easier for commercial firms to do business with the government.
- It impacts daily contracting by streamlining documentation and reducing unnecessary requirements.
- Common pitfalls include failing to include required clauses, improper tailoring, or using an incorrect contract format.