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The DAU Provision and Clause Matrix has been updated to include changes resulting from FAC 2005-99, DPN 20180629, and Class Deviation 2018-O0017. The most current matrix can be dowloaded here: https://www.dau.mil/tools/t/FAR,-DFARS,-VAAR,-DEAR-Provision-and-Clause-Matrix.
Good afternoon Don,
I am still in discussions with my CO on what clauses and provisions should and should not be included by reference for the acquisition of commercial items. I am drafting a solicitation utilizing FAR Part 12. I feel as though we are still adding clauses that are not applicable. It is my understanding that if the 'Commercial' column of the matrix is blank, the clause or provision does not need to be incorporated by full text or by reference. Am I correct? Also, there is debate that even though FAR 52.102 gives us the authority to incorporate clauses like FAR 52.212-5 by reference, my CO insists on putting the clause in by full text. I need someone to back me up. I want to do things the right way. Thank you for your help.
Yes, you are correct. If the matrix shows a blank in the commercial items column, the provision or clause is not authorized for use in solicitations and contracts for commercial items unless their use would be consistent with customary commercial practice or approved in accordance with FAR 12.302(c).
FAR 52.102 doesn't require incorporation by reference--it says you should incorporate by reference to the maximum extent practicable. The FAR Matrix (the one in FAR 52.301) actually says "Yes" in the IBR column for FAR 52.212-5, so there should be no debate that IBR is authorized. However, because your CO is authorized to do something doesn't mean that they're wrong for not doing it. Maybe there's a good reason why they don't want to incorporate some things by reference. When you become a CO, you can do it your way.
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