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  • Question

    Some believe when you are buying commercial items/services, you may only use commercial clauses and may not use clauses like 52.211-6 -- Brand Name or Equal etc. When using the matrix to select clauses for a commercial buy, do we only use the "CI" column and not the "FP SUP" or "FP SVC"? What about the blank boxes that don't contain a "R," "A" or "O." Can we use those clauses if they apply? Thanks!


    Answer

    You can use any clauses that are applicable as long as they are not inconsistent with FAR Part 12. Note FAR 12.102(c): "Contracts for the acquisition of commercial items are subject to the policies in other parts of the FAR. 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 items." For example, the clause at 52.246-6 (Inspection -- Time-and-Material and Labor-Hour) is used in contracts for commercial items even though it is not explicitly a "commercial" clause.

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