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?
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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