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PART 1512—ACQUISITION OF COMMERCIAL ITEMS
Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.
Source: 86 FR 55713, Oct. 7, 2021, unless otherwise noted.
Subpart 1512.1—Special Requirements for the Acquisition of Commercial Items
Subpart 1512.1—Special Requirements for the Acquisition of Commercial Items
1512.101 Unenforceability of unauthorized obligations.
EPA deviates from FAR 52.212-4 by using the term Commercial Supplier Agreements (defined in 1502.100) for commercial contracts instead of supplier license agreements. Paragraph (u) of clause 1552.332-39 (FAR DEVIATION) prevents violations of the Anti-Deficiency Act (31 U.S.C. 1341) for the acquisition of supplies or services subject to a Commercial Supplier Agreement.
1512.1070 Contract clause.
EPA deviates from FAR 52.212-4 by revising paragraphs (s) and (u) and adding paragraph (w). Contracting officers shall use clause 1552.332-39, Contract Terms and Conditions-Commercial Items (FAR DEVIATION), for acquisitions of commercial items in lieu of 52.212-4 or 52.212-4 Alternate I. The contracting officer may tailor this clause in accordance with FAR 12.302.
