Reference/Resource

Description

NMCARS Subparts 5201.3, 5212.3 and Annex 7 (Commercial Items Acquisitions Clause Use)

Depict DON's current policy on provision/clause use in solicitations/contracts for commercial items. Annex 7 includes a summary of the unique approval requirements on provision/clause use for commercial item acquisitions as prescribed by FAR Subpart 12.3. It also identifies the sources of approval (i.e. from the Contracting Officer to the Navy Senior Procurement Executive to the Director, DPAP) for including other than the specified FAR Part 12.3 provisions/clauses; for tailoring of existing FAR 12.3 provisions/clauses; and for adding of other Government-unique provisions/clauses in solicitations/contracts for commercial items.

Navy/Marine Corps Contracting Activities Plan for Restricting, Limiting, Controlling Use of Government-Unique Clauses of July 11, 2008

Establishes the objectives that will help DON restrict, manage and control the use of Government-unique clauses in commercial item contracts.

DON Control Plan for Component Clauses of August 19, 2009

Establishes the overarching process that will govern development and approval of all component-unique provisions or clauses as required by DFARS 201.304(1)(4). The objective of this plan is to ensure that DON solicitations/contracts include only properly approved component-unique provisions/clauses. It depicts the unique approval requirements governing provision or clause use in solicitations/contracts for commercial items.

DON Matrix of FAR/DFARS and Other Government-Unique Provisions/Clauses for Commercial Item Acquisitions (NMCARS Subpart 5252.3)

Serves as a reference tool listing the FAR Part 12, DFARS Part 212 and other government-unique provisions and clauses (including component-unique provisions/clauses) that are authorized for use in commercial item acquisitions within DON given the current authorities in the higher regulations. To the extent practicable, the matrix facilitates the selection of provisions/clauses for commercial item solicitations/contracts using the Standard Procurement System (SPS) or another procurement writing system. Contracting Officers bear the responsibility of ensuring that only appropriately authorized or approved provisions/clauses are used in each solicitation/contract for commercial items. Maintenance of this reference tool is the responsibility of DASN(AP)/Policy.

Provision/Clause Use Decision Tree for Commercial Item Acquisitions

Illustrates the decision-making process affecting provision/clause use in solicitations/contracts for commercial items. The Contracting Officer should use the decision tree in conjunction with the general procedures on provision/clause use outlined in paragraph 7, Procedures, of NMCARS Annex (7) section B, in order to fully understand all the required decisions in determining the appropriate provisions/clauses to be used for a specific commercial item acquisition.

DoD Commercial Item Handbook (Nov 2001)

Provides guidance on the contracting process for commercial item acquisitions, including tools for conducting and documenting market research.