12.404 Warranties. (3)Allow response time for receipt of offers as follows: (ii)Rates are established for commercial services acquired on a time-and-materials or labor-hour basis.                           (2)Document the decision in the contract or order file; and 2310, the contracting officer also may use part  12 for any acquisition for services that does not meet the definition of commercial item in FAR 2.101, if the contract or task order-.            (1)Contracts for the acquisition of commercial items; (1)Any express warranty the Government intends to rely upon must meet the needs of the Government. However, when using the simplified acquisition procedures in part  13, contracting officers are not required to describe the relative importance of evaluation factors. The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph. The provisions and clauses established in this subpart are intended to address, to the maximum extent practicable, commercial market practices for a wide range of potential Government acquisitions of commercial items. (d)The contract types authorized by this subpart may be used in conjunction with an award fee and performance or delivery incentives when the award fee or incentive is based solely on factors other than cost (see 16.202-1 and 16.203-1). (7) 41 U.S.C.4706(d) and 10 U.S.C.2313(c), Examination of Records of Contractor, when a subcontractor is not required to provide certified cost or pricing data (see 15.209(b)), unless using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub.                 (ii)The terms allow the Government effective postaward administration of the warranty to include the identification of warranted items, procedures for the return of warranted items to the contractor for repair or replacement, and collection of product performance information; and (4) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. The contracting officer shall indicate in Block27 a of the SF1449 if addenda are attached. (8) 41 U.S.C.                 (i)The service is acquired under a contract awarded using- The terms and conditions prescribed in this part seek to balance the interests of both the buyer and seller. Fully document the rationale for selection of the successful offeror including discussion of any trade-offs considered. (1) Contracting officers may treat any acquisition of supplies or services that, as determined by the head of the agency, are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, as an acquisition of commercial items. 12.300 Scope of subpart. Describing the agency’s needs in these terms allows offerors to propose methods that will best meet the needs of the Government. (2) In exercising the authority specified in paragraph (g)(1) of this section, the contracting officer may tailor paragraph (a) of the clause at FAR 52.212-4 as may be necessary to ensure the contract’s remedies adequately protect the Government’s interests. (b)Guidance on the administration of contracts for commercial items in those areas where the terms and conditions in 52.212-4 differ substantially from those contained elsewhere in the FAR. (1)The implied warranty of merchantability provides that an item is reasonably fit for the ordinary purposes for which such items are used. There are several different ways of contracting that can help you win awards from the federal government.                           (3)When making a change that modifies the general scope of- (4)When setting aside under the Stafford Act (subpart  26.2), include the provision at 52.226-3, Disaster or Emergency Area Representation, in the solicitation. 41 U.S.C.3307(e)(5)(B) requires contracting officers to take advantage of commercial warranties. 12.505 Applicability of certain laws to contracts for the acquisition of COTS items. This is a U. S. General Services Administration Federal Government computer system that is"FOR OFFICIAL USE ONLY. 12.000 Scope of part.                 (v) Includes performance incentives where appropriate; However, market research may indicate other commercial practices that are appropriate for the acquisition of the particular item.                 (i) Contracting officers may continue to use part  49 as guidance to the extent that part  49 does not conflict with this section and the language of the termination paragraphs in 52.212-4. Describing the agency’s needs in these terms allows offerors to propose methods that will best meet the needs of the Government.            (2)Subcontracts, at any tier, for the acquisition of commercial items; and (2)The portion of 41 U.S .C. 2302 note), Payment Protections for Subcontractors and Suppliers (see 28.106-6). This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document. (b)Other acceptance procedures may be more appropriate for the acquisition of complex commercial items or commercial items used in critical applications. While the contracting officer must establish price reasonableness in accordance with 13.106-3,14.408-2, or subpart  15.4, as applicable, the contracting officer should be aware of customary commercial terms and conditions when pricing commercial items. (3) 41 U.S.C.1708(e)(3), Minimum Response Time for Offers (see 5.203). (a)Market research (see 10.001) is an essential element of building an effective strategy for the acquisition of commercial items and establishes the foundation for the agency description of need (see part  11), the solicitation, and resulting contract. (C)The contracting officer may not use Alternate I when Alternate II applies. (2)In some markets, it may be customary commercial practice for contractors to exclude or limit the implied warranties contained in 52.212-4 in the provisions of an express warranty. (xvi)The name and telephone number of the individual to contact for information regarding the solicitation. These purposes are those that are not unique to a government. (a)Guidance regarding tailoring of the paragraphs in the clause at 52.212-4, Contract Terms and Conditions-Commercial Items, when the paragraphs do not reflect the customary practice for a particular market; and. At a minimum, this notification shall- The contracting officer must carefully examine the terms and conditions of any express warranty with regard to the effect it may have on the Government’s available postaward remedies (see 12.404). (a)When evaluation factors are used, the contracting officer may insert a provision substantially the same as the provision at 52.212-2, Evaluation-Commercial Items, in solicitations for commercial items or comply with the procedures in 13.106 if the acquisition is being made using simplified acquisition procedures. (10)Insert the provision at 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, in solicitations as prescribed at 22.1705(b). (a) Implied warranties. (2) A contract in an amount greater than $20 million that is awarded on a sole source basis for an item or service treated as a commercial item under paragraph (f)(1) of this section but does not meet the definition of a commercial item as defined at FAR 2.101 shall not be exempt from-, (i) Cost accounting standards (see subpart  30.2); or.            (2)Disputes;                 (i) Is entered into on or before November 24, 2013; For additional guidance regarding the use and negotiation of license agreements for commercial computer software, see 27.405-3. (2) 41 U.S.C.chapter 35, Truthful Cost or Pricing Data, and 10 U.S.C.2306a, Truth in Negotiations (see subpart  15.4).            (1) 52.212-4, Contract Terms and Conditions-Commercial Items, by reference (see SF 1449 block27 a); The contracting officer shall not tailor any clause or otherwise include any additional terms or conditions in a solicitation or contract for commercial items in a manner that is inconsistent with customary commercial practice for the item being acquired unless a waiver is approved in accordance with agency procedures.            (1) 41 U.S.C.4704 and 10 U.S.C.2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see subpart  3.5). L. 111-5). (b)When using the combined synopsis/solicitation procedure, the SF1449 is not used for issuing the solicitation. The contracting officer shall send a cure notice prior to terminating a contract for a reason other than late delivery. (13)Section 806(a)(3) of Pub.       (b)Continuation of any block from SF 1449, such as-            (4) 41 U.S.C.                 (iii) Meets the definition of performance-based acquisition at FAR 2.101; (v)A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable). (e)When acquiring information technology using Internet Protocol, agencies must include the appropriate Internet Protocol compliance requirements in accordance with 11.002(g). (2) 40 U.S.C.chapter 37, Requirement for a certificate and clause under the Contract Work Hours and Safety Standards statute (see 22.305). Except as provided by agency-specific statutes, the Government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process.                 (i)The seller knows the particular purpose for which the Government intends to use the item; and Contact Us | Privacy and Security Notice | Accessibility Aids | Last updated 11/10/20.                                (iii)An order issued under multiple award task and delivery order contracts, follow the procedures at 16.505(b)(2). (2)Each D&F required by paragraph (b)(1)(ii)(A) of this section shall contain sufficient facts and rationale to justify that no other contract type authorized by this subpart is suitable. Commercially available off-the-shelf (COTS) items are defined in 2.101 . However, because of the broad range of commercial items acquired by the Government, variations in commercial practices, and the relative volume of the Government’s acquisitions in the specific market, contracting officers may, within the limitations of this subpart, and after conducting appropriate market research, tailor the provision at 52.212-1, Instructions to Offerors-Commercial Items, and the clause at 52.212-4, Contract Terms and Conditions-Commercial Items, to adapt to the market conditions for each acquisition. Past performance should be an important element of every evaluation and contract award for commercial items.                 (i)Indicate the contract is terminated for cause; The contracting officer may include in solicitations and contracts by addendum other FAR provisions and clauses when their use is consistent with the limitations contained in 12.302. (1)Block 10 if an incentive subcontracting clause is used (the contracting officer shall indicate the applicable percentage); (4)Block20 for schedule of supplies/services; or. This paragraph is generally appropriate when the Government is acquiring noncomplex commercial items. The Government can rely upon an implied warranty of fitness for particular purpose when- (1) 52.212-4, Contract Terms and Conditions-Commercial Items, by reference (see SF 1449 block27 a); (3) 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive orders; (d)Any contract documents, exhibits or attachments; and. (8) 41 U.S.C.1708(e)(3), Minimum Response Time for Offers (see subpart  5.2). This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document. (a)Where technical information is necessary for evaluation of offers, agencies should, as part of market research, review existing product literature generally available in the industry to determine its adequacy for purposes of evaluation.

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