Overview
This section establishes the framework for customizing standard commercial contract terms to align with industry norms and provides guidance for administering contracts when those terms deviate from traditional federal acquisition practices.
Key Rules
- Tailoring Authority: Contracting officers are authorized to tailor the paragraphs in FAR 52.212-4 when the standard language does not reflect the "customary practice" of a specific commercial market.
- Administrative Guidance: The subpart serves as the primary reference for managing commercial contracts in areas where the terms and conditions differ substantially from standard non-commercial FAR requirements.
Practical Implications
- This allow the government to act more like a private-sector buyer, ensuring that federal contracts do not include burdensome or non-standard requirements that might discourage commercial vendors from doing business with the government.
- Contracting officers must be prepared to conduct market research to justify deviations from standard language based on established commercial trade practices.