What are considered commercial items?

What are considered commercial items?

Commercial items include any item of a type customarily used by the general public, or by nongovernmental entities, for purposes other than governmental purposes that has been sold, leased, or licensed, or offered for sale, lease, or license to the general public (see FAR 2.101).

What is a FAR provision?

The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. The FAR also contains standard solicitation provisions and contract clauses and the various agency FAR supplements.

In which FAR Part are solicitation provisions and contract clauses found?

52.100 Scope of subpart.

What is a commercial acquisition?

Sold, leased, or licensed to the general public; Sold in substantial quantities in the commercial marketplace; and/or. Offered to the government without modification, in the same form in which it is sold in the commercial marketplace.

Is a service a commercial item?

For example, under the current definition, a service can be a commercial item offered in support of a product that is also a commercial item. Furthermore, a commercial-off-the-shelf (“COTS”) item is a subset of a commercial item, but the definition of a COTS item only includes products and not services.

Is construction considered a commercial item?

As of now, no construction is not a commercial item.

What is the difference between provisions and clauses?

Since “provision” refers to providing, and a clause provides for something, the terms are almost synonymous. The legal term for a part of a document referring to a particular point is “clause.” Legal professionals often use the word “provision” to describe a clause.

How do I find the prescription for a particular clause or provision?

How do I find the prescription for a particular clause or provision? 1) It is typically in the introductory text within subpart 52.2. It will include a cross reference to the location in the FAR text that prescribes its use.

What is the difference between a provision and a clause?

What contract types shall be used for the acquisition of commercial items?

(a) Except as provided in paragraph (b) of this section, agencies shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustment for the acquisition of commercial items.

What is the difference between a commercial item and a non developmental item?

The “of a type” general definition in part 1 of the CI definition goes further to also require they be customarily used for non-governmental purposes. Whereas the NDI covers items exclusively used exclusively for governmental purposes (Federal, State and local, and foreign).

What are commercial off the shelf items?

commercial-off-the-shelf (COTS)

• Software and hardware that already exists and is available from commercial sources.
• A software and/or hardware product that is commercially ready-made and available for sale, lease, or license to the general public.

What are the solicitation provisions and contract clauses for?

12.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (a) In accordance with 41 U.S.C. 3307, contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses—

What are the offeror representations and certifications in the solicitation?

(2) The provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete.

What are the subparts of acquisition of commercial items?

Subpart 12.3 – Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items 12.300 Scope of subpart. 12.301 Solicitation provisions and contract clauses for the acquisition of commercial items. 12.302 Tailoring of provisions and clauses for the acquisition of commercial items.

How to solicit offers for commercial items 12.603?

The contracting officer may use the streamlined procedure for soliciting offers for commercial items prescribed in 12.603.