[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: 48CFR12.402]



[Page 200-201]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 12_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents

 

  Subpart 12.4_Unique Requirements Regarding Terms and Conditions for 

                            Commercial Items

 

Sec. 12.402  Acceptance.



    (a) The acceptance paragraph in 52.212-4 is based upon the 

assumption that the Government will rely on the contractor's assurances 

that the commercial item tendered for acceptance conforms to the 

contract requirements. The Government inspection of commercial items 

will not prejudice its



[[Page 201]]



other rights under the acceptance paragraph. Additionally, although the 

paragraph does not address the issue of rejection, the Government always 

has the right to refuse acceptance of nonconforming items. This 

paragraph is generally appropriate when the Government is acquiring 

noncomplex commercial items.

    (b) Other acceptance procedures may be more appropriate for the 

acquisition of complex commercial items or commercial items used in 

critical applications. In such cases, the contracting officer shall 

include alternative inspection procedure(s) in an addendum and ensure 

these procedures and the postaward remedies adequately protect the 

interests of the Government. The contracting officer must carefully 

examine the terms and conditions of any express warranty with regard to 

the effect it may have on the Government's available postaward remedies 

(see 12.404).

    (c) The acquisition of commercial items under other circumstances 

such as on an ``as is'' basis may also require acceptance procedures 

different from those contained in 52.212-4. The contracting officer 

should consider the effect the specific circumstances will have on the 

acceptance paragraph as well as other paragraphs of the clause.