12.301 Solicitation provision for acquisition(s) of commercial items.

(b)(2)(90) When the conditions at 13.103 and 13.104 apply, use the provision at 52.213-9004, Offeror Representations, Certifications, and Fill-in Information--Electronic Commerce, instead of FAR provision 52.212-3.
(e) Discretionary use of FAR provisions and clauses. Pursuant to FAR 12.301 and 12.302, contracting officers must use their authority to tailor the standard FAR Part 12 terms and conditions as necessary to meet the Government's needs. (For example, a catalog or market price generally includes the cost of liability or similar insurance; therefore, a contracting officer should negotiate an appropriate reduction in the catalog or market price, or tailor FAR 52.212-4(p), Limitation of liability, so the contractor is not relieved from consequential damages (see FAR 46.803). Also see DLAD 12.208(90) concerning how to tailor FAR 52.212-4(a), Inspection/Acceptance.) Subject to the procedures in FAR and DLAD 12.302, the contracting officer may --
(90) Include other DLAD and locally developed provisions and clauses; and
(91) If necessary, make accompanying changes to the provision at FAR 52.212-1 and the clause at FAR 52.212-4.
(f) The DLA SPE has approved supplementation of the provisions and clauses in FAR Part 12 to require use of the following provisions and clauses, when applicable:
(90) 52.217-9006, Limitations on Surge and Sustainment (S&S) Investments, as prescribed in 17.9308(a), Solicitation and Contract Clauses.
(91) 52.212-9000, Changes - Military Readiness, as prescribed in 12.302(b)(3)(91).
(92) The provisions and clauses below, as prescribed in FAR 16.203-4(a), 16.506(a)-(f), and 17.208(c)(1). (Alternatively, buying activities may develop local provisions and clauses for use in lieu of the standard FAR clauses when appropriate, if the activity meets the requirements in FAR 12.302.) These terms and conditions are necessary to support certain DLA business practices, including long term contracts, prime vendor arrangements, and indefinite delivery contracts.
(i) FAR 52.216-2, Economic Price Adjustment - Standard Supplies, or a clause authorized in accordance with DLAD 16.203-3;
(ii) FAR 52.216-18, Ordering;
(iii) FAR 52.216-19, Order Limitations;
(iv) FAR 52.216-20, Definite Quantity;
(v) FAR 52.216-21, Requirements;
(vi) FAR 52.216-22, Indefinite Quantity;
(vii) FAR 52.216-27, Single or Multiple Awards; and
(viii) FAR 52.217-5, Evaluation of Options.
(93) The provision at FAR 52.215-20, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, as prescribed in FAR 15.408(l); and the clause at 52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications, as prescribed in FAR 15.408(m).
(94) Reserved
(95) Reserved
(96) The provision at DFARS 252.209-7002, Disclosure of Ownership or Control by a Foreign Government, as prescribed in DFARS 209.104-70(b).
(97) The clause at 52.211-9005, Conditions for Evaluation and Acceptance of Offers for Critical Safety Items, as prescribed in 11.304-90(a).
(98) The clause at 52.211-9006, Changes in Contractor Status, Item Acquired, And/Or Manufacturing Process/Facility -- Critical Safety Items, as prescribed in 11.304-90(b).
(99) The clause at 52.211-9007, Withholding of Materiel Review Board (MRB) Authority -- Critical Safety Items, as prescribed in 11.304-90(c).
(100) The clause at 52.239-9000, Y2K Compliance Notice, as prescribed in 39.106(a)(92).
(101) Use of the clause at FAR 52.211-5, Material Requirements,
as prescribed in FAR 11.304; and the clause at 52.211-9000,
Government Surplus Material, and the provisions at 52.211-9003,
Conditions for Evaluation of Offers of Government Surplus Material,
and 52.211-9009, Non-Acceptability of Government Surplus Material, as
prescribed in 11.304-91.


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