ANNEX 7 - COMMERCIAL ITEM ACQUISITIONS CLAUSE USE
1. Commercial Items Clause Use Approval Matrix. The following table summarizes the approval requirements for provision or clause use in Part 12 acquisitions:
Action |
Approval Authority |
FAR/DFARS citation |
Include a provision similar to FAR 52.212-2 containing all evaluation factors required by FAR 13.106, 14.2 or 15.3 |
Contracting Officer |
FAR 12.301(c)(2) |
Include in solicitations & contracts other FAR provisions & clauses when their use is consistent with the limitations in FAR 12.302 (Discretionary use only due to nature of procurement action, e.g. FAR 16.506 clauses for IDIQ contracts; FAR 17.208 when Options included; etc.) |
Contracting Officer |
FAR 12.301(e) |
Tailor FAR provision 52.212-1 or FAR clause 52.212-4 identified in FAR 12.301, after conducting appropriate market research, to adapt to the market conditions for each acquisition (i.e. tailor only consistent with commercial practices). |
Contracting Officer |
FAR 12.302(a) FAR 12.301(b)(1) FAR 12.301(b)(3) |
Tailor FAR clause 52.212-4 (except as noted in FAR 12.302(b)) in a manner that is inconsistent with customary commercial practice for the item being acquired, if waiver is approved. |
HCA; Except ASN(RD&A) approval is required if tailoring results in adding of any new terms or conditions |
FAR 12.302(c) DFARS 212.302(c) |
Deviate from FAR provision 52.212-3 only in accordance with FAR Subpart 1.4 |
ASN(RD&A)/DASN(A&LM) |
FAR 12.301(b)(2) DFARS 201.4 |
Supplement provisions & clauses in FAR/DFARS Parts 12/212 with use of additional clauses & provisions only as necessary to reflect agency-unique statutes applicable to acquisition of commercial items. |
OASN (RD&A)/DASN (A&LM) |
FAR 12.301(f) |
Supplement provisions & clauses in FAR/DFARS Parts 12/212 with use of additional clauses & provisions other than those necessary to reflect agency-unique statutes applicable to acquisition of commercial items |
Navy Senior Procurement Executive (ASN RD&A) or Director, Defense Procurement and Acquisition Policy (DPAP) without power of delegation |
FAR 12.301(f) |
Note: Only OUSD(AT&L)DPAP may approve the use of any Component-unique clause or provision that meets the conditions of DFARS 201.304(1)(i).