Defense Federal Acquisition Regulation Supplement
Part 212--Acquisition of Commercial Items--General
TABLE OF CONTENTS
SUBPART 212.2--SPECIAL REQUIREMENTS FOR THE ACQUISITION OF COMMERCIAL ITEMS
212.211 Technical data.
SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS
212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
212.302 Tailoring of provisions and clauses for the acquisition of commercial items.
SUBPART 212.5--APPLICABILITY OF CERTAIN LAWS TO THE ACQUISITION OF COMMERCIAL ITEMS
212.503 Applicability of certain laws to Executive Agency contracts for the acquisition of commercial items.
212.504 Applicability of certain laws to subcontracts for the acquisition of commercial items.
PART 212 ACQUISITION OF COMMERCIAL ITEMS
SUBPART 212.2--SPECIAL REQUIREMENTS FOR THE ACQUISITION
OF COMMERCIAL ITEMS
212.211 Technical data.
The DoD policy for acquiring technical data for commercial items is at 227.7102.
SUBPART 212.3--SOLICITATION PROVISIONS AND
CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS
212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
(f) (i) Use one of the following provisions as prescribed in Part 225:
(A) 252.225-7000, Buy American Act--Balance of Payments Program Certificate.
(B) 252.225-7006, Buy American Act--Trade Agreements--Balance of Payments Program Certificate.
(C) 252.225-7020, Trade Agreements Certificate.
(D) 252.225-7035, Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.
(ii) Use the provision at 252.212-7000, Offeror Representations and Certifications--Commercial Items, in all solicitations for commercial items exceeding the simplified acquisition threshold. If an exception to 10 U.S.C. 2410i applies to a solicitation exceeding the simplified acquisition threshold (see 225.770-3), indicate on an addendum that "The certification in paragraph (b) of the provision at 252.225-7000 does not apply to this solicitation."
(iii) Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraph (b), as appropriate.
[Added per DL 98-008, DFARS case 97-D005, Effective 31 Mar]
[(iv) Use the clause at 252.204-7004, Required Central Contractor Registration, as prescribed in 204.7304].
212.302 Tailoring of provisions and clauses for the acquisition of commercial items.
(c) Tailoring inconsistent with customary commercial practice.
The head of the contracting activity is the approval authority within the DoD for waivers under FAR 12.302(c).
SUBPART 212.5--APPLICABILITY OF CERTAIN LAWS TO THE ACQUISITION
OF COMMERCIAL ITEMS
[added per DFARS Case 97-D314, D.L. 98-004]
212.503 Applicability of certain laws to Executive Agency contracts for the acquisition of commercial items.
(a) The following laws are not applicable to contracts for the acquisition of commercial items:
(i) Section 806, Public Law 102-190 (10 U.S.C. 2301 (repealed) note), Payment Protections for Subcontractors and Suppliers.
(ii) 10 U.S.C. 2306(b), Prohibition on Contingent Fees.
(iii) 10 U.S.C. 2324, Allowable Costs Under Defense Contracts.
(iv) 10 U.S.C. 2384(b), Requirement to Identify Suppliers.
(v) 10 U.S.C. 2397(a)(1), Reports by Employees or Former Employees of Defense Contractors.
(vi) 10 U.S.C. 2397b(f), Limits on Employment for Former DoD Officials.
(vii) 10 U.S.C. 2397c, Defense Contractor Requirements Concerning Former DoD Officials.
(viii) 10 U.S.C. 2408(a), Prohibition on Persons Convicted of Defense Related Felonies.
(ix) 10 U.S.C. 2410b, Contractor Inventory Accounting System Standards (see 252.242-7004).
(x) 107 Stat 1720 (Section 843(a), Pub. L. 103-160), Reporting Requirement Regarding Dealings with Terrorist Countries.
(xi) Domestic Content Restrictions in the National Defense Appropriations Acts for Fiscal Years 1996 and Subsequent Years.
[(xii) Section 8117, Pub. L. 105-56, Restriction on Use of Funds Appropriated for Fiscal Year 1998 (see 222.1304(b))].
(c) The applicability of the following laws has been modified in regard to contracts for the acquisition of commercial items:
(i) 10 U.S.C. 2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see FAR 3.503 and 52.203-6).
(ii) 10 U.S.C. 2306a, Truth in Negotiations Act (see FAR 15.804).
212.504 Applicability of certain laws to subcontracts for the acquisition of commercial items.
(a) The following laws are not applicable to subcontracts at any tier for the acquisition of commercialitems or commercial components:
(i) Reserved.
(ii) Section 806, Pub. L. 102-190 (10 U.S.C. 2301 (repealed) note), Payment Protections for Subcontractors and Suppliers.
(iii) 10 U.S.C. 2306(b) Prohibition on Contingent Fees.
(iv) 10 U.S.C. 2313(c), Examination of Records of a Contractor.
(v) 10 U.S.C. 2320, Rights in Technical Data.
(vi) 10 U.S.C. 2321, Validation of Proprietary Data Restrictions.
(vii) 10 U.S.C. 2324, Allowable Costs Under Defense Contracts.
(viii) 10 U.S.C. 2327, Reporting Requirement Regarding Dealings with Terrorist Countries.
(ix) 10 U.S.C. 2384(b), Requirement to Identify Suppliers.
(x) 10 U.S.C. 2391 note, Notification of Substantial Impact on Employment.
(xi) 10 U.S.C. 2393, Prohibition Against Doing Business with Certain Offerors or Contractors.
(xii) 10 U.S.C. 2397(a)(1), Reports by Employees or Former Employees of Defense Contractors.
(xiii) 10 U.S.C. 2397b(f), Limits on Employment for Former DoD Officials.
(xiv) 10 U.S.C. 2397c, Defense Contractor Requirements Concerning Former DoD Officials.
(xv) 10 U.S.C. 2408(a) Prohibition on Persons Convicted of Defense Related Felonies.
(xvi) 10 U.S.C. 2410b, Contractor Inventory Accounting System Standards.
(xvii) 10 U.S.C. 2501 note, Notification of Proposed Program Termination.
(xviii) 10 U.S.C. 2534, Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods.
(xix) Reserved.
(xx) Reserved.
(xxi) Reserved.
(xxii) Effective May 1, 1996: 10 U.S.C. 2631, Transportation of Supplies by Sea.
(xxiii) 19 U.S.C. 2512, Trade Agreements Act.
(xxiv) 41 U.S.C. 10, Buy American Act.
(xxv) 10 U.S.C. 2327 (Section 843(a), Public Law 103-160), Reporting Requirement Regarding Dealings with Terrorist Countries.
(xxvi) Domestic Content Restrictions in the National Defense Appropriations Acts for Fiscal Years 1996 and Subsequent Years.
(b) Certain requirements of the following laws have been eliminated for subcontracts at any tier for the acquisition of commercial items or commercial components:
(i) 10 U.S.C. 2393(d), Subcontractor Reports Under Prohibition Against Doing Business with Certain Offerors (see FAR 52.209-6).
(ii) 10 U.S.C. 2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see FAR 3.503 and 52.203-6).