Key Stakeholder

Roles & Responsibilities

Contracting Officer

Responsible for ensuring that only properly authorized provisions/clauses are used in solicitations/contracts for commercial items. As a result, the Contracting Officer, supported by Contract Specialists, must work closely with the requirements and program offices in performing the necessary market research to (1) determine if the instant requirement meets the definition of a commercial item at FAR 2.101 and should be procured using FAR Part 12 procedures; (2) identify the current customary commercial practices that may affect the instant contract requirement in terms of provision/clause use; (3) determine the need for revisions to FAR Subpart 12.3 provisions/clauses or the development of any additional/supplemental component-unique provisions/clauses; and (4) obtain the appropriate approvals of such actions before release of the commercial item solicitation. The Contracting Officer obtains Counsel support, as necessary, during this entire process.

Chief of the Contracting Office (CCO)

Responsible for ensuring that the Contracting Officer and others within the contracting organization understand the current policy and procedures affecting Government-unique provision/clause use in commercial solicitations/contracts. The CCO facilitates this process by communicating policy and procedures in a timely manner throughout the contracting organization and establishing the necessary management/oversight controls to promote compliance with prescribed policy/procedures.

Head of the Contracting Activity (HCA)

Responsible for ensuring that appropriate management controls are in place to effectively manage and control provision/clause use in the activity's contracts for commercial items.

Counsel

Responsible for performing legal sufficiency reviews of provisions/clauses used in solicitations/contracts for commercial items, as required or as requested by the Contracting Officer.

Office of the Assistant Secretary of the Navy (Research, Development & Acquisition) (OASN (RD&A) and Deputy Assistant Secretary of the Navy Acquisition and Procurement)

Responsible for overall management/oversight of component contract provisions/clauses within DON. This includes maintaining the electronic repository of all approved component provisions/clauses for use in solicitations/contracts for commercial or non-commercial items within the Agency; maintaining the DON Matrix of FAR/DFARS and Other Government-Unique Provisions/Clauses for Commercial Item Acquisitions; promulgating policy affecting clause use in contracts for commercial items; reviewing/approving requests for component provisions or clauses necessary to implement agency-unique statutes as required by FAR 12.301(f); and, maintaining an updated component clause control plan for DON. This office receives/processes HCA requests for authority to include supplemental provisions/clauses (i.e. use additional clauses/provisions) other than those necessary to reflect agency-unique statutes applicable to acquisition of commercial items as required by FAR 12.301(f).

Navy Senior Procurement Executive (NSPE)

As stipulated by FAR 12.301(f), serves as the final approval authority within DON for inclusion, in a solicitation/contract for commercial items, of any agency/component-unique provision/clause necessary to supplement FAR Subpart 12.3/DFARS 212.3 provisions/clauses with use of additional provisions/clauses, other than those necessary to reflect agency-unique statutes applicable to acquisition of commercial items. ASN(RD&A) is the NSPE.