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  • Question

    Is it proper to include Part 12 clauses on an IT Support Services Contract that was evaulated IAW the DoD SSP?


    Answer

    Yes it is appropriate if the services you are buying are commercial services within the definition at Federal Acquisition Regulation (FAR) 2.101.  A reading of the FAR Part 12 indicates at FAR 12.102 that:  “(a) This part shall be used for the acquisition of supplies or services that meet the definition of commercial items at 2.101.” 
     
    FAR 12.203 states (in part): “Contracting officers shall use the policies unique to the acquisition of commercial items prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in Part 13, Simplified Acquisition Procedures; Part 14, Sealed Bidding; or Part 15, Contracting by Negotiation, as appropriate for the particular acquisition.”
     
    As to using the appropriate clauses under the Department of Defense (DoD) Source Selection Procedures (SSP), FAR 12.302 indicates that: “(a) General. The provisions and clauses established in this subpart are intended to address, to the maximum extent practicable, commercial market practices for a wide range of potential Government acquisitions of commercial items. However, because of the broad range of commercial items acquired by the Government, variations in commercial practices, and the relative volume of the Government’s acquisitions in the specific market, contracting officers may, within the limitations of this subpart, and after conducting appropriate market research, tailor the provision at 52.212-1, Instructions to Offerors-Commercial Items, and the clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, to adapt to the market conditions for each acquisition.”

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