What FAR Part 12 - Acquisition of Commercial Products and Commercial Services requires
Federal Acquisition Regulation (FAR) Part 12 implements 41 USC chapter 33 and 10 USC chapter 247 by requiring federal executive agencies to conduct market research, acquire commercial products and commercial services when available, and require prime contractors and subcontractors to incorporate commercial products and services to the maximum extent practicable: Subpart 12.1 establishes the commercial-item preference policy at 12.101 requiring market research and Part 12 takes precedence over inconsistent FAR policies for commercial procurements (12.102); Subpart 12.2 specifies streamlined procedures including firm-fixed-price or fixed-price with economic price adjustment as the default contract type (12.207), with time-and-materials permitted only on competitive determination-and-findings basis; Subpart 12.3 mandates use of the standard commercial clauses 52.212-1 through 52.212-5 to maximum extent practicable, restricting inserted clauses to those required by law or executive order (12.301); the Government acquires only technical data rights customarily provided to the public with the commercial product or process (12.211); Subpart 12.5 lists laws inapplicable to commercial product or service contracts and prohibits use of Part 12 to waive substantive law where the prime is reselling another contractor's products without adding value (12.501).
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1 · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-12
SHA-256 integrity: 13cad8994a20f41f29f703bec58171a227cec81d4bb1dc622f78ff785bd56e27
Primary Citations — 6 traced to source
- FAR Part 12, Section 12.101 Policy: 'Agencies shall (a) Conduct market research to determine whether commercial products, commercial services, or nondevelopmental items are available to meet the agency's requirements; (b) Acquire commercial products, commercial services, or nondevelopmental items when they are available to meet the needs of the agency; and (c) Require prime contractors and subcontractors at all tiers to incorporate, to the maximum extent practicable, commercial products and commercial services as components of items supplied to the agency.'
- FAR Part 12, Section 12.102(c) Applicability: 'When a policy in another part of the FAR is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial products or commercial services.'
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