TABLE 7-3 DEFINITIONS OF KEY TERMS
Terms | Definitions |
A part of the contract containing one or more requirements or obligations of one of the parties to a contract (i.e. terms or conditions) and that follows the unique format set forth in FAR Part 52, DFARS Part 252 and NMCARS Part 5252. Commercial item acquisitions generally include clauses (1) FAR 52.212-4, (2) FAR 52.212-5, (3) DFARS 252.212-7001, and (4) when properly authorized, other clauses set forth in FAR Part 52, DFARS Part 252, NMCARS Part 5252, including DON Government-unique provisions or clauses developed in accordance with the DON Control Plan for Component Clauses. | |
A contract requirement that meets the definition of "commercial items" at FAR 2.101 and is executed (i.e., procured/awarded) following the procedures set forth in FAR Part 12. (Note: The policies in FAR Part 12 are to be used in conjunction with policies and procedures for solicitation, evaluation, and award set forth in FAR Parts 13, 14, and 15, as appropriate.) When the head of the agency determines that the supplies and services are to be used to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, such actions may be treated as an acquisition for commercial items as permitted by FAR 18.202. | |
Inclusion of additional FAR provisions/clauses that are not required by FAR 12.301(b) in solicitations/contracts for the acquisition of commercial items but which may be used when their use is consistent with customary commercial practices for the specific commercial item acquisition or as deemed necessary for contract performance due to the nature of the work (e.g., FAR 16.506 clauses for IDIQ contracts, FAR 17.208 when Options are included, etc.). | |
A provision or clause developed by an organizational entity exercising contracting authority within DON (or DoD) and that is approved by the appropriate authority for use in commercial item acquisitions in addition to prescribed FAR Part 12 or DFARS Part 212 provisions/clauses | |
A specific set of instructions that are to be used or followed when soliciting offers for commercial items. Provisions typically consist of representations and certifications to be completed by the offeror, instructions to offerors, and evaluation criteria/information regarding the basis of award of the specific acquisition. For commercial item acquisitions, provisions are of the type set forth in (1) FAR 52.212-1; (2) FAR 52.212-2; and (3) FAR 52.212-3. Since provisions provide information necessary during the solicitation phase of an acquisition, these provisions are generally not incorporated in the contract award document. | |
Revising, editing or modifying the pre-existing instructions and/or terms and conditions contained in FAR Subpart 12.3 provisions/clauses to adapt these provisions/clauses to reflect current customary commercial practices as may be necessary to meet or protect the Governments interests. For example FAR 52.212-4 has twenty subsections addressing specific areas ranging from (a) inspection/acceptance to (t) Central Contractor Registration. Tailoring would involve adding, deleting or revising language concerning one of those specific areas, but not adding terms concerning new areas | |
A requirement or obligation of one of the parties to a contract. For example, in commercial item acquisitions, terms and conditions are of the type set forth in FAR 52.212-4. | |
Adding newly developed provisions/clauses in commercial item acquisitions necessary to (1) reflect Navy-unique statutes applicable to the acquisition of commercial items (e.g. a new statute imposes a specific requirement on shipbuilding or facilities maintenance and is deemed to apply to commercial item acquisitions), or (2) as may be approved by the Navy Senior Procurement Executive (e.g. establishment of a WAWF or ERP clause for use within Navy), or (3) by the Director, Defense Procurement and Acquisition Policy, without power of delegation (e.g. using special clauses for Acquisitions in Support of Operations in Iraq or Afghanistan). This also includes use of DFARS 252 and NMCARS 5252 provisions/clauses that are not specifically identified in the DON Matrix of FAR/DFARS and Other Government-Unique Provisions/Clauses for Commercial Item Acquisitions. |