FAR 



212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.



(f)  The following additional provisions and clauses apply to DoD solicitations and contracts for the acquisition of commercial items. If the offeror has completed the provisions listed in paragraph (f)(i) or (ii) of this section electronically as part of its annual representations and certifications at https://www.acquisition.gov, the contracting officer may consider this information instead of requiring the offeror to complete these provisions for a particular solicitation.

(i)  Use one of the following provisions as prescribed in part 225:

(A)  252.225-7000, Buy American-Balance of Payments Program Certificate.

(B)  252.225-7020, Trade Agreements Certificate.

(C)  252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

(ii)  Use the provision at 252.212-7000, Offeror Representations and Certifications--Commercial Items, in all solicitations for commercial items exceeding the simplified acquisition threshold. If an exception to 10 U.S.C. 2410i applies to a solicitation exceeding the simplified acquisition threshold (see 225.7603), indicate on addendum that "The certification in paragraph (b) of the provision at 252.212-7000 does not apply to this solicitation."

(iii)  Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraphs (a) and (b), as appropriate.

(iv)  Use the provisions and clauses as follows, which are prescribed elsewhere in DFARS:

(A)  Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).

(B)  Use the provision at 252.204-7011, Alternative Line Item Structure, as prescribed in 204.7109(b).

(C)  Use the provision at 252.204-70XX Ownership of Offeror, as prescribed in 204.7207.

(D)  Use the provision at 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country, as prescribed in 209.104-70(a).

(E)  Use the clause at 252.211-7003, Item Identification and Valuation, as prescribed in 211.274-4.

(F)  Use the clause at 252.211-7006, Passive Radio Frequency Identification, as prescribed in 211.275-3.

(G)  Use the provisions at 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at 215.408(3) and (4), respectively.

(H)  Use the clause at 252.223-7008, Prohibition of Hexavalent Chromium, as prescribed at 223.7306.

(I)  Use the provision at 252.225-7010, Commercial Derivative Military Article-Specialty Metals Compliance Certificate, as prescribed in 225.7003-5(b).

(J)  Use the provision at 252.225-7018, Photovoltaic Devices-Certificate, as prescribed in 225.7017-4(b).

(K)  Use the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, as prescribed in 225.7402-4.

(L)  Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts that include the clause at 252.225-7040.

(M)  Use the clause at 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card, as prescribed in 232.1110.

(N)  Use the clause at 252.232-7010, Levies on Contract Payments, as prescribed in 232.7102.

(O)  Use the clause at 252.232-7011, Payments in Support of Emergencies and Contingency Operations, as prescribed in 232.908.

(P)  Use the clause at 252.246-7003, Notification of Potential Safety Issues, as prescribed in 246.371.

(Q)  Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards - Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(e).

(R)  Use the clause at 252.247-7028, Application for U.S Government Shipping Documentation/Instructions, as prescribed in 247.207.