12.500
Scope of subpart
FAR 12.500 clarifies which laws do not apply or are modified for commercial and COTS acquisitions, streamlining compliance for these contracts.
Overview
FAR 12.500 defines the scope of Subpart 12.5, clarifying which laws do not apply to contracts and subcontracts for commercial products, commercial services, and commercially available off-the-shelf (COTS) items. It also identifies laws that have been amended to either eliminate or modify their applicability to these types of acquisitions. The section is grounded in statutory requirements from 41 U.S.C. 1906 and 1907, aiming to streamline federal procurement by reducing regulatory burdens for commercial item acquisitions.
Key Rules
- Exclusions for Commercial Acquisitions
- Certain laws do not apply to contracts and subcontracts for commercial products, commercial services, and COTS items.
- Amended Applicability
- Some laws have been specifically amended to either not apply or to apply differently to commercial acquisitions.
Responsibilities
- Contracting Officers: Must be aware of which laws are excluded or modified for commercial and COTS acquisitions and apply the correct regulatory framework.
- Contractors: Should understand which federal requirements do not apply to their commercial contracts or subcontracts.
- Agencies: Ensure procurement processes reflect the correct application or exclusion of laws for commercial item acquisitions.
Practical Implications
- This section exists to simplify and expedite the acquisition of commercial products and services by removing unnecessary legal requirements.
- It impacts daily contracting by reducing compliance burdens and clarifying which laws are relevant.
- Common pitfalls include mistakenly applying inapplicable laws or failing to recognize when a law has been modified for commercial acquisitions.