Logistics Solutions for the Warfighter

1. Logistics Solutions for the Warfighter

2. Logistics Solutions for the Warfighter Effective Date 12 Jun 2008 FAR 25.1103(d) The contracting officer shall include in each solicitation for the acquisition of products or services (other than commercial items procured under FAR Part 12) the provision at 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan�Certification. (Note: This is another example of provisions or clauses that must be used when using oral procedures.)

3. Logistics Solutions for the Warfighter That was simple but what do I use for commercial items? First, do NOT use 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan�Certification. Second, review what FAR 12.301 and DFARS 212.301 say

4. Logistics Solutions for the Warfighter FAR Part 12 12.301(a) states - include ONLY those clauses -- (1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or (2) Determined to be consistent with customary commercial practice. 12.301(d) Other required provisions and clauses. (1) Notwithstanding prescriptions contained elsewhere in the FAR, when acquiring commercial items, contracting officers shall be required to use only those provisions and clauses prescribed in this part. The provisions and clauses prescribed in this part shall be revised, as necessary, to reflect the applicability of statutes and executive orders to the acquisition of commercial items.

5. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 1. FAR 52.212-1, Instructions to Offerors�Commercial Items (Jun 2008). This is incorporated by checking a block on the SF 1449. 2. FAR 52.212-2, Evaluation�Commercial Items (Jan 1999), when the use of evaluation factors is appropriate. A comparable provision that complies with FAR Subpart 15.3 may be included in the addendum in its place. 3. FAR 52.212-3, Offeror Representations and Certifications�Commercial Items (Jun 2008), with Alternate I when the value of the contract exceeds $25,000 and Alternate II when SDB procurement mechanisms are authorized on a regional basis. This clause can not be tailored; to change it we must obtain a deviation. 4. FAR 52.212-4, Contract Terms and Conditions�Commercial Items (Feb 2007). This is incorporated by checking a block on the SF 1449. If we are issuing a time-and-materials or labor-hour contract for commercial items, use Alternate I (Feb 2007).

6. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 5. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders�Commercial Items (Jun 2008). This clause may not be tailored. 6. One of the following: DFARS 252.225-7000, Buy American Act�Balance of Payments Program Certificate (Jun 2005), 252.225-7020, Trade Agreements Certificate (Jan 2005), or 252.225-7035, Buy American Act�Free Trade Agreements�Balance of Payments Program Certificate (Oct 2006). 7. DFARS 252.212-7000, Offeror Representations and Certifications�Commercial Items (Jun 2005). 8. DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Mar 2008).

7. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 9. DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (Oct 2006). 10. DFARS 252.232-7009, Mandatory Payment by Government-wide Commercial Purchase Card (Dec 2006). 11. DFARS 252.211-7003, Item Identification and Valuation (Jun 2005). 12. DFARS 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United States (Mar 2008), and 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (Mar 2006), if the work is to be performed outside the United States. 13. FAR 52.226-3, Disaster or Emergency Area Representation (Nov 2007), if a local area set-aside under the Stafford Act is to be used in an area affected by a major disaster or emergency. See FAR Subpart 6.6 and FAR 26.202 as added by FAC 2001-12, effective 4 Aug 06. 14. DFARS 252.211-7006, Radio Frequency Identification (Feb 2007), when we are buying items listed in DFARS 211.275-2.

8. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 15. DFARS 252.232-7010, Levies on Contract Payments (Dec 2006), in all contracts above the micro-purchase threshold. 16. DFARS 252.246-7003, Notification of Potential Safety Issues (Jan 2007), in solicitations and contracts for the acquisition of repairable or consumable parts identified as critical safety items, systems and subsystems, assemblies, and subassemblies integral to a system, or repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.

9. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 17. FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (Mar 2008), in solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States in a designated operational area during contingency operations, humanitarian or peacekeeping operations or other military operations or military exercises, when designated by the combatant commander or when supporting a diplomatic or consular mission that has been designated by the Department of State as a danger pay post or that the PCO determines is a post at which application of the clause is appropriate.

10. Logistics Solutions for the Warfighter Required Clauses per FAR and DFARS Part 12 When appropriate include clauses prescribed by FAR 16.505 for IDCs or by FAR 17.208 for options

11. Logistics Solutions for the Warfighter What about clauses for matching market conditions? The 17 previously mentioned clauses cannot, by themselves, meet the demand by 12.301(a)(2) to �be consistent with customary commercial practice�. You must first conduct market research to determine what terms and conditions are used in the commercial market for this item or service.

12. Logistics Solutions for the Warfighter I�ve conducted research and know what terms and conditions are standard practice. What now? You must tailor FAR 52.212-1, Instructions to Offerors-Commercial Items and parts of FAR 52.212-4 Contract Terms and Conditions-Commercial Items, to match the customary commercial practice in that market.

13. Logistics Solutions for the Warfighter What cannot be tailored? Can�t tailor paragraphs of 52.212-4 that cover Assignments, Disputes, Payments (except in limited ways), Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts. Can�t tailor clauses in any way that is not consistent with customary commercial practice, no matter how much we think we need them, unless we get a waiver in advance.

14. Logistics Solutions for the Warfighter How do I tailor them? Check the block on the SF1449 which tells that addenda are attached. The addenda are where any additional terms and conditions which are added through the tailoring process are placed, along with, when appropriate, the statements that specific paragraphs of FAR 52.212-1 and �4 are modified or deleted. Always check to see if adding clauses will impact or conflict the standard clauses. The addenda are not to contain provisions not consistent with market research, unless a waiver has been obtained.

15. Logistics Solutions for the Warfighter What do I do if I have questions? Read the related regulations and see what interpretation or answer you arrive at. Still can�t make heads or tails out of what S1910 told you, ask your supervisor to render their interpretation or position. You�ve done 1 and 2 and are convinced S1910 has given you bum-scoop�. you�re probably right!....but�.prove it!