12.303 Contract format
Source: FAR 12.303 on acquisition.gov
FAR 12.303 mandates the use of Standard Form 1449 and specific FAR clauses for all commercial product and service acquisitions, ensuring standardized and compliant contract documentation.
Overview
FAR 12.303 prescribes the required format for solicitations and contracts when acquiring commercial products or commercial services under Part 12. The regulation aims to standardize contract assembly, ensuring consistency and compliance with federal requirements. It specifies the use of Standard Form (SF) 1449 as the primary document, with additional blocks and clauses as needed, and outlines the inclusion of specific contract clauses and solicitation provisions relevant to commercial acquisitions.
Key Rules
- Use of SF 1449
- All solicitations and contracts for commercial products/services must use Standard Form 1449 as the base document.
- Continuation of SF 1449 Blocks
- Additional information may be included in specific blocks (e.g., incentive subcontracting, remittance address, line items, schedule, accounting data) as required by the contract.
- Required Contract Clauses
- Include FAR 52.212-4 (Contract Terms and Conditions), any addenda, and FAR 52.212-5 (Statutory/Executive Order Clauses).
- Attachments and Exhibits
- Attach any necessary contract documents, exhibits, or attachments.
- Solicitation Provisions
- Include FAR 52.212-1 (Instructions to Offerors), any addenda, FAR 52.212-2 (Evaluation Factors, if used), and FAR 52.212-3 (Offeror Representations and Certifications).
Responsibilities
- Contracting Officers: Must assemble contracts using the prescribed format and ensure all required clauses and provisions are included.
- Contractors: Must review and comply with all included clauses and provisions.
- Agencies: Ensure oversight and compliance with the standardized format for commercial acquisitions.
Practical Implications
- This section ensures that commercial acquisitions are handled efficiently and consistently, reducing administrative burden and confusion. Failure to use the correct format or include required clauses can result in compliance issues or contract disputes. Contractors should familiarize themselves with the structure and content of SF 1449 and the referenced FAR clauses to ensure proper proposal and contract execution.
Solicitations and contracts for the acquisition of commercial products or commercial services prepared using this part 12 shall be assembled, to the maximum extent practicable, using the following format:
(b) Continuation of any block from https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items" target="_blank">SF 1449, such as-
(1) Block 10 if an incentive subcontracting clause is used (the contracting officer shall indicate the applicable percentage);
(2) Block18 B for remittance address;
(3) Block19 for line item numbers;
(4) Block20 for schedule of supplies/services; or
(5) Block25 for accounting data;
(c) Contract clauses-
(1) 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, by reference (see https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items" target="_blank">SF 1449 block27 a);
(2) Any addendum to 52.212-4; and
(3) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services.
(d) Any contract documents, exhibits or attachments; and
(e) Solicitation provisions-
(1) 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, by reference (see https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items" target="_blank">SF 1449, Block27 a);
(2) Any addendum to 52.212-1;
(3) 52.212-2, Evaluation-Commercial Products and Commercial Services, or other description of evaluation factors for award, if used; and
(4) 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.