SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS

(Revised July 31, 2000)

 

 

 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
 212.302 Tailoring of provisions and clauses for the acquisition of commercial items.
 212.303 Contract format.


212.301  Solicitation provisions and contract clauses for the acquisition of commercial items.

 

      (b)(2)  Paragraph (b) of the provision at FAR 52.212-3 does not apply when the solicitation includes the clause at 252.204-7004, Required Central Contractor Registration.

 

      (f)(i)  Use one of the following provisions as prescribed in Part 225:

 

                    (A)  252.225-7000, Buy American Act--Balance of Payments Program Certificate.

 

                    (B)  252.225-7006, Buy American Act--Trade Agreements--Balance of Payments Program Certificate.

 

                    (C)  252.225-7020, Trade Agreements Certificate.

 

                    (D)  252.225-7035, Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.

 

              (ii)  Use the provision at 252.212-7000, Offeror Representations and Certifications--Commercial Items, in all solicitations for commercial items exceeding the simplified acquisition threshold.  If an exception to 10 U.S.C. 2410i applies to a solicitation exceeding the simplified acquisition threshold (see 225.770-3), indicate on an addendum that “The certification in paragraph (b) of the provision at 252.212-7000 does not apply to this solicitation.”

 

              (iii)  Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraph (b), as appropriate.

 

              (iv)  Use the clause at 252.204-7004, Required Central Contractor Registration, as prescribed in 204.7304.

 

              (v)  Use the provision at 252.225-7017, Prohibition on Award to Companies Owned by the People’s Republic of China, as prescribed in 225.771.

 

              (vi)  Use the clause at 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card, as prescribed in 232.1110.

 

212.302  Tailoring of provisions and clauses for the acquisition of commercial items.

 

      (c)  Tailoring inconsistent with customary commercial practice.  The head of the contracting activity is the approval authority within the DoD for waivers under FAR 12.302(c).

 

212.303  Contract format.

Structure awards valued above the micro-purchase threshold (e.g., contract line items, delivery schedule, and invoice instructions) in a manner that will minimize the generation of invoices valued at or below the micro-purchase threshold.