Jump to content
The Wifcon Forums and Blogs

Sign in to follow this  
Jonfucius

Commercial IDIQ Clauses

Recommended Posts

I am helping a colleague put together a solicitation for a commercial IDIQ solicitation. Specifically, I have been tasked with putting together the clauses and provisions for the solicitation. FAR Subpart 12.3 is somewhat misleading (or, I am not reading it correctly, which is entirely possible) on the subject of using clauses and provisions other than the five 52.212 clauses/provisions. I am fully aware that clauses such as 52.216-19 and -22 can and should apply; however, I'm fuzzy on the other clauses that could apply (that is, "required when applicable") in an IDIQ situation. If this topic has been addressed somewhere other than this designated forum, please feel free to post the link and delete this topic. Thank you!

Share this post


Link to post
Share on other sites

What other clauses do you think are "required when applicable" when acquiring commercial items? Why would they be applicable for the specific procurement?

Share this post


Link to post
Share on other sites

FAR Subpart 12.3 is somewhat misleading (or, I am not reading it correctly, which is entirely possible) on the subject of using clauses and provisions other than the five 52.212 clauses/provisions. I am fully aware that clauses such as 52.216-19 and -22 can and should apply; however, I'm fuzzy on the other clauses that could apply (that is, "required when applicable") in an IDIQ situation.

FAR 12.301(d) says:

Other required provisions and clauses. 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.

It then lists five provisions and clauses that are prescribed in parts other than 12 that might have to be used, depending on the circumstances. FAR 12.301(e) addresses discretionary use of other provisions and clauses.

That strikes me as pretty clear. It clearly covers clauses that are "required when applicable." In what way do you find it to be misleading?

Share this post


Link to post
Share on other sites

Vern: Thank you for the clarification. I've been going through the FAR Matrix to find clauses that may apply to this IDIQ; once the first round is done, I intend to scan through the prescriptions and remove any that would not even remotely apply in this specific instance (obviously leaving any required clauses in place). My contracting office uses SPS/PD2, but the clause logic system on it is notoriously finicky and not always up-to-date, and DPAP's Clause Logic Service does not appear to have been updated in several months.

Retread: thank you for posting in reply to my question, but I think Vern covered my concerns before I had a chance to reply to you. Cheers!

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×