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NMCARS ANNEX 7 - COMMERCIAL ITEM ACQUISITIONS CLAUSE USE

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).

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