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The authority under FAR Part 12, Commercial Items (and services), must be used thoughtfully and carefully. It is very tempting for a contracting officer to use FAR Part 12 and hence FAR Part 13 in situations where such use is clearly not appropriate in view of the basic reasons commercial item acquisition authority was created by Congress.
For example, quotes may be submitted in oral rather than written form, and quoted prices may be directly compared by contracting officers rather than by conducting negotiations. Items commonly purchased through this program include "office supplies, computer software, and grounds keeping services". [ 2 ]
Terminations for commercial items (FAR Part 12) contracts are governed by FAR 52.212-4(l) and (m), not the T4C or T4D clauses of FAR 52.249-x. FAR Part 49 prescribes T4D and T4C clauses in FAR Part 52 for non-commercial items (FAR Part 12) related contracts. In particular, T4D is covered by FAR Subpart 49.4, Terminations for Default.
In commercial business practice, the RFQ is the most popularly used form of RFx, with many companies not understanding the distinction between the RFx's, and so defaulting to RFQ. A request for qualifications (RFQ) also known as pre-qualification questionnaire (PQQ) is a document often distributed before initiation of the RFP process.
In the context of the U.S. government, the Federal Acquisition Regulation (FAR) has defined "COTS" as a formal term for commercial items, including services, available in the commercial marketplace that can be bought and used under government contract. [1] For example, Microsoft is a COTS software provider. Goods and construction materials may ...
The statement of work should be directly linked to deliverables shown in the CDRL form. This is done by having each CDRL entry include reference to the SOW paragraph(s) that produces or uses the item, and the SOW text should be clear where it is discussing a deliverable by using the title or parenthesizing the item number (for example, "[A-001]").
The Competition in Contracting Act (CICA) of 1984, 41 U.S.C. 253, is United States legislation governing the hiring of contractors.It requires U.S. federal government agencies to arrange “full and open competition through the use of competitive procedures” in their procurement activities unless otherwise authorized by law. [1]
The Berry Amendment was named for Ellis Yarnal Berry, who was a member of the U.S. House of Representatives from 1951 to 1971.During his first term in congress, Berry introduced an amendment to the Buy American Act to expand the law to cover all clothing, cotton, and wool.