POLICY AND OVERSIGHT DIVISION (POD ) February 2014

1. POLICY AND OVERSIGHT DIVISION (POD)February 2014 Use of Commerce Acquisition Regulation (CAR) Provisions and Clauses

2. Overview In FY 2013, POD performed Acquisition Management Reviews (AMR) of NOAA’s Acquisition and Grants Office (AGO). To assist the Acquisition Divisions (AD), POD has developed training to address findings from the AMRs. This training will address the requirement for incorporation of prescribed Commerce clauses into NOAA solicitations and contracts.

3. Objectives • Cite Commerce requirements for incorporation of specified provisions and clauses into solicitations and contracts. • Identify negative trends in failure to incorporate required provisions and clauses by Acquisition Divisions.

4. Definitions • “Contract clause” or “clause” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. • “Solicitation provision” or “provision” means a term or condition used only in solicitations and applying only before contract award.

5. Policy • Provisions or clauses that supplement the FAR are prescribed and included in authorized agency acquisition regulations issued within an agency to satisfy the specific needs of the agency as a whole. (FAR 52.101(b)(2)(i)(A)). • CAR 1352.000 sets forth solicitation provisions and contract clauses, in addition to those prescribed in FAR Part 52, for use in Commerce acquisitions. • CAR 1352.200 sets forth the text of all CAR provisions and clauses and provides a cross-reference to the location in the CAR that prescribes their use.

6. Selecting Provisions and Clauses • The prescription for each provision and clause is set forth in the CAR section to which the provision/clause applies. • It is incumbent upon the contract specialist or contracting officer formulating a solicitation or contract document to carefully read each prescription to ensure that the provisions or clauses that apply to the acquisition are incorporated into the solicitation or contract document. • CAR 1352.3 sets forth a Provisions and Clauses Matrix to assist in identifying the provisions/clauses required in individual contracts of various types.

7. Negative Trends • Failure to incorporate any CAR provisions or clauses in the solicitation or contract. • Incorporating some but not all of the required CAR provisions or clauses. • Incorporating an incorrect CAR provision or clause.

8. Impact of Missing or Incorrect Provisions/Clauses Failure to incorporate some, all, or the correct provisions and clauses in NOAA contracts can: • Limit NOAA’s rights during the solicitation phase or in performance of the contract. • Unnecessarily restrict NOAA in the purchase of its essential goods and services. • Have an adverse monetary impact on NOAA Line and Staff Offices.

9. Conclusion AGO contracting officers are ultimately responsible for ensuring that: • All solicitation provisions and contract clauses required by the CAR are incorporated into solicitations and contracts. • Incorrect clauses that do not apply to the acquisition or contract are not incorporated.

10. Questions?