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  • Question

    For example, does FAR 52.242-13 apply to Commercial contracts if the columns were left blank in the DAU Clause Matrix? FAR 42.903 prescription states: "The contracting officer shall insert the clause at 52.242-13, Bankruptcy, in all solicitations and contracts exceeding the simplified acquisition threshold." However, the columns are blank, so there is confusion as to whether this should still be included in ALL solicitations and contracts/orders, including Commercial, even though it appears to only be applicable to Non-Commercial as per the DAU Clause Matrix.

    Answer

    The clause matrix is correct by indicating that a clause such the example you provided (52.242-13) is not required for commercial item acquisitions. We also know this from the guidance at FAR 12.301(d): "Notwithstanding prescriptions contained elsewhere in the FAR, when acquiring commercial products or commercial services, contracting officers shall be required to use only those provisions and clauses prescribed in this part." There are many instances of clause prescriptions in various FAR parts that don't specifically exempt commercial item acquisitions, but 12.301(d) provides us with that direction.

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