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  • Question

    Can I use only FAR 12 or must I use FAR 13, 14, or 15 along with FAR 12? If you need to always pair FAR 12 along with FAR 13, 14, or 15, what is the advantage then or it being a commercial item? I ask the second question because we will NOT use combined synopsis/solicitation.


    Answer

    When procuring commercial items, the procedures in FAR Part 12 take precedence over other parts of the FAR. However, just because you do not include provisions/clauses from FAR Part 15, for example, does not mean that you do not use applicable FAR Part 15 methods. Establishing a competitive range is one such example. I don't think it's possible to use FAR Part 12 procedures without borrowing some methods from FAR Parts 13, 14, and/or 15. The DoD Source Selection Procedures document states: "An SSP is required for all best–value, negotiated, competitive acquisitions under FAR Part 15." Being that your acquisition is governed primarily by FAR Part 12, that requirement for an SSP is not applicable. However, your agency or local supplement may still require one.

    Regarding your second question— Commercial items require fewer provisions and clauses and levy fewer Government-unique requirements on suppliers. In addition, the solicitation and contract documents are simpler and do not require use of the Uniform Contract Format. Contracting officers can also provide more flexible financing terms when using FAR Part 12 procedures. These are some of the advantages of using FAR Part 12 procedures.

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