12.301
Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services
FAR 12.301 ensures that only essential and customary clauses are included in commercial product and service contracts, streamlining compliance and aligning with commercial practices.
Overview
FAR 12.301 establishes the required and optional solicitation provisions and contract clauses for acquiring commercial products and commercial services. Its primary goal is to ensure that only those clauses necessary to implement laws, executive orders, or customary commercial practices are included in such contracts, streamlining the process and reducing unnecessary regulatory burden. The section details mandatory FAR clauses and provisions, their tailoring limitations, and the circumstances under which alternates or additional clauses may be used. It also addresses agency-specific supplements and the use of evaluation factors and options.
Key Rules
- Clause Limitation
- Only include clauses required by law, executive order, or customary commercial practice in commercial acquisitions.
- Mandatory Provisions and Clauses
- Specific FAR provisions and clauses (e.g., 52.212-1, 52.212-3, 52.212-4, 52.212-5) must be included in solicitations and contracts for commercial products/services, with limited tailoring allowed.
- Evaluation Factors
- Use 52.212-2 or a similar provision for evaluation factors when appropriate.
- Other Required Clauses
- Additional clauses (e.g., SAM registration, CAGE code, safeguarding information, tax, and trafficking certifications) must be included as prescribed elsewhere in the FAR.
- Discretionary Clauses
- Contracting officers may add other FAR clauses by addendum if consistent with FAR 12.302 limitations.
- Agency Supplements
- Agencies may only supplement these clauses for unique statutory requirements or with senior procurement executive approval.
Responsibilities
- Contracting Officers: Must ensure only required and appropriate clauses are included, use prescribed alternates, tailor only as allowed, and attach all required provisions/clauses to solicitations and contracts.
- Contractors: Must comply with all included provisions and clauses, complete required certifications, and maintain required registrations (e.g., SAM, CAGE).
- Agencies: May supplement only as necessary for unique statutes or with proper approval; must revise prescribed clauses as statutes/executive orders change.
Practical Implications
- This section streamlines commercial acquisitions by limiting unnecessary clauses, reducing administrative burden, and aligning government contracts with commercial practices. Contractors benefit from more predictable and familiar terms, but must pay close attention to which clauses are included and ensure all certifications and registrations are current. Common pitfalls include failing to use the correct alternates, improper tailoring, or omitting required clauses.