[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: 48CFR13.302-5]



[Page 217]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 13_SIMPLIFIED ACQUISITION PROCEDURES--Table of Contents

 

               Subpart 13.3_Simplified Acquisition Methods

 

Sec. 13.302-5  Clauses.



    (a) Each purchase order (and each purchase order modification (see 

13.302-3)) shall incorporate all clauses prescribed for the particular 

acquisition.

    (b) The contracting officer shall insert the clause at 52.213-2, 

Invoices, in purchase orders that authorize advance payments (see 31 

U.S.C. 3324(d)(2)) for subscriptions or other charges for newspapers, 

magazines, periodicals, or other publications (i.e., any publication 

printed, microfilmed, photocopied, or magnetically or otherwise recorded 

for auditory or visual usage).

    (c) The contracting officer shall insert the clause at 52.213-3, 

Notice to Supplier, in unpriced purchase orders.

    (d)(1) The contracting officer may use the clause at 52.213-4, Terms 

and Conditions--Simplified Acquisitions (Other Than Commercial Items), 

in simplified acquisitions exceeding the micro-purchase threshold that 

are for other than commercial items (see 12.301).

    (2) The clause--

    (i) Is a compilation of the most commonly used clauses that apply to 

simplified acquisitions; and

    (ii) May be modified to fit the individual acquisition to add other 

needed clauses, or those clauses may be added separately. Modifications 

(i.e., additions, deletions, or substitutions) must not create a void or 

internal contradiction in the clause. For example, do not add an 

inspection and acceptance or termination for convenience requirement 

unless the existing requirement is deleted. Also, do not delete a 

paragraph without providing for an appropriate substitute.

    (3)(i) When an acquisition for supplies for use within the United 

States cannot be set aside for small business concerns and trade 

agreements apply (see Subpart 25.4), substitute the clause at FAR 

52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, 

used with Alternate I or Alternate II, if appropriate, instead of the 

clause at FAR 52.225-1, Buy American Act--Supplies.

    (ii) When acquiring supplies for use outside the United States, 

delete clause 52.225-1 from the clause list at 52.213-4(b).



[62 FR 64917, Dec. 9, 1997, as amended at 64 FR 72418, Dec. 27, 1999; 67 

FR 21534, Apr. 30, 2002; 69 FR 1053, Jan. 7, 2004]