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  • Question

    how do the terms and conditions for the purchase of commercial vs non-commercial supplies or services differ? (e.g. the use of warranties, how terminations are executed)


    Answer

    Upon further clarification from the submitter, they just wanted to know the difference between commercial and non-commercial terms and conditions. I referred him to the various commercial and non-commercial clauses to examine the language, similarities, and differences.

    Starting with FAR 52.212-4, which is the primary commercial clause, there are equivalent non-commercial clauses that correlate to the various paragraphs of the commercial clause. For example, FAR 52.212-4 (a) provides terms for inspection and acceptance. Similar language exists at FAR 52.246-2 (supplies) and FAR 52.246-3 (services) for non-commercial items.  

     Other examples are: FAR 52.212-4 (c) and the Changes Clause, FAR 52.243-1;   FAR 52.212-4 (d) and the Disputes Clause, FAR 52.233-1; and FAR 52.212-4 (f) and the Excusable Delay Clause, FAR 52.249-13.  I also provided guidance on FAR 52.212-4 (l) and FAR 52.212-4 (m), the termination paragraphs with FAR 52-249-2 (Fixed Price Convenience) and FAR 52.249-8 Fixed Price Default.

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