[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR12.102]



[Page 194-195]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 12_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents

 

          Subpart 12.1_Acquisition of Commercial Items_General

 

Sec. 12.102  Applicability.



    (a) This part shall be used for the acquisition of supplies or 

services that meet the definition of commercial items at section 2.101.

    (b) Contracting officers shall use the policies in this part in 

conjunction with the policies and procedures for solicitation, 

evaluation and award prescribed in part 13, Simplified Acquisition 

Procedures; part 14, Sealed Bidding; or part 15, Contracting by 

Negotiation, as appropriate for the particular acquisition.

    (c) Contracts for the acquisition of commercial items are subject to 

the policies in other parts of this chapter. When a policy in another 

part of this chapter is inconsistent with a policy in this part, this 

part 12 shall take precedence for the acquisition of commercial items.

    (d) The definition of commercial item in section 2.101 uses the 

phrase ``purposes other than governmental purposes.'' These purposes are 

those that are not unique to a government.

    (e) This part shall not apply to the acquisition of commercial 

items--

    (1) At or below the micro-purchase threshold;

    (2) Using the Standard Form 44 (see 13.306);

    (3) Using the imprest fund (see 13.305);

    (4) Using the Governmentwide commercial purchase card; or

    (5) Directly from another Federal agency.

    (f)(1) Contracting officers may treat any acquisition of supplies or 

services that, as determined by the head of the agency, are to be used 

to facilitate defense against or recovery from nuclear, biological, 

chemical, or radiological attack, as an acquisition of commercial items.

    (2) A contract in an amount greater than $15,000,000 that is awarded 

on a sole source basis for an item or service treated as a commercial 

item under paragraph (f)(1) of this section but does not meet the 

definition of a commercial item as defined at FAR 2.101 shall not be 

exempt from--

    (i) Cost accounting standards (see Subpart 30.2); or

    (ii) Cost or pricing data requirements (see 15.403).



[[Page 195]]



    (g)(1) In accordance with section 1431 of the National Defense 

Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) (41 U.S.C. 

437), the contracting officer also may use Part 12 for any acquisition 

for services that does not meet the definition of commercial item in FAR 

2.101, if the contract or task order--

    (i) Is entered into on or before November 24, 2013;

    (ii) Has a value of $25 million or less;

    (iii) Meets the definition of performance-based contracting at FAR 

2.101;

    (iv) Uses a quality assurance surveillance plan;

    (v) Includes performance incentives where appropriate;

    (vi) Specifies a firm-fixed price for specific tasks to be performed 

or outcomes to be achieved; and

    (vii) Is awarded to an entity that provides similar services to the 

general public under terms and conditions similar to those in the 

contract or task order.

    (2) In exercising the authority specified in paragraph (g)(1) of 

this section, the contracting officer may tailor paragraph (a) of the 

clause at FAR 52.212-4 as may be necessary to ensure the contract's 

remedies adequately protect the Government's interests.



[60 FR 48241, Sept. 18, 1995, as amended at 61 FR 39192, July 26, 1996; 

62 FR 64917, Dec. 9, 1997; 64 FR 32743, June 17, 1999; 66 FR 53484, Oct. 

22, 2001; 67 FR 56121, Aug. 30, 2002; 68 FR 4050, Jan. 27, 2003; 69 FR 

8313, Feb. 23, 2004; 69 FR 34227, June 18, 2004; 69 FR 38955, June 29, 

2004; 70 FR 33659, June 8, 2005]