[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR812.301]



[Page 170-171]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 812_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents

 

Sec. 812.301  Solicitation provisions and contract clauses for the acquisition 

of commercial items.



    (a) Notwithstanding prescriptions contained elsewhere in the VAAR, 

when acquiring commercial items, contracting officers shall be required 

to use only those provisions and clauses prescribed in this part.

    (b) The provision and clause in the following VAAR sections shall be 

used, in accordance with the prescriptions contained therein or 

elsewhere in the



[[Page 171]]



VAAR, in requests for quotations, solicitations, or contracts for the 

acquisition of commercial items:

    (1) 852.219-70, Veteran-owned small business.

    (2) 852.270-4, Commercial advertising.

    (c) The provisions and clauses in the following VAAR sections must 

be used, when appropriate, in accordance with the prescriptions 

contained therein or elsewhere in the VAAR, in requests for quotations, 

solicitations, or contracts for the acquisition of commercial items:

    (1) 852.207-70, Report of employment under commercial activities.

    (2) 852.211-71, Guarantee clause.

    (3) 852.211-72, Inspection.

    (4) 852.211-73, Frozen processed foods.

    (5) 852.211-74, Telecommunications equipment.

    (6) 852.211-75, Technical industry standards.

    (7) 852.214-70, Caution to bidders-bid envelopes.

    (8) 852.216-70, Estimated quantities for requirements contracts.

    (9) 852.229-70, Purchases from patient's funds.

    (10) 852.229-71, Purchases for patients using Government funds and/

or personal funds of patients.

    (11) 852.233-70, Protest content.

    (12) 852.237-7, Indemnification and Medical Liability Insurance.

    (13) 852.237-70, Contractor responsibilities.

    (14) 852.237-71, Indemnification and insurance (vehicle and aircraft 

service contracts).

    (15) 852.252-1, Provisions or clauses requiring completion by the 

offeror or prospective contractor.

    (16) 852.270-1, Representatives of contracting officers.

    (17) 852.270-2, Bread and bakery products.

    (18) 852.270-3, Purchase of shellfish.

    (d) The clauses in the following VAAR sections shall be used, when 

appropriate, in accordance with the prescriptions contained therein or 

elsewhere in the VAAR, in requests for quotations, solicitations, or 

contracts for the acquisition of commercial items, provided the 

contracting officer determines that use of the clauses is consistent 

with customary commercial practices.

    (1) 852.211-70, Requirements for operating and maintenance manuals.

    (2) 852.211-77, Brand name or equal.

    (e) The contracting officer shall insert the clause in 852.271-70, 

Services provided eligible beneficiaries, by reference, in all requests 

for quotations, solicitations, and contracts meeting the prescription 

contained therein.

    (f) Clauses are not required for micro-purchases using the 

procedures of this part or part 813. However, this does not prohibit the 

use of any clause prescribed in this part or elsewhere in this chapter 

in micro-purchases when determined by the contracting officer to be in 

the Government's best interest.

    (g) When soliciting for commercial services or the use of medical 

equipment or space under the authority of part 873 and 38 U.S.C. 8151-

8153, the provisions and clauses in the following VAAR sections may be 

used in accordance with the prescriptions contained therein or elsewhere 

in the VAAR:

    (1) 852.273-70, Late offers.

    (2) 852.273-71, Alternative negotiation techniques.

    (3) 852.273-72, Alternative evaluation.

    (4) 852.273-73, Evaluation--health-care resources.

    (5) 852.273-74, Award without exchanges.



[63 FR 17338, Apr. 9, 1998, as amended at 64 FR 69934, Dec. 15, 1999; 68 

FR 3468, Jan. 24, 2003]