Overview
FAR 12.502 establishes the administrative framework for applying, revising, or waiving specific statutory requirements for the acquisition of commercial products, commercial services, and Commercially Available Off-The-Shelf (COTS) items at both the prime and subcontract levels.
Key Rules
- Prime Contract Application: The FAR has updated the individual prescriptions for laws listed in FAR 12.503 to clarify exactly how they apply to prime contracts for commercial acquisitions.
- Subcontract Limitations: For commercial subcontracts, FAR clauses 52.212-5 and 52.244-6 serve as the exhaustive list of mandatory flow-down requirements derived from the laws listed in FAR 12.504.
- COTS Specialization: Laws listed in FAR 12.505 have specifically revised prescriptions to reflect their unique application to the acquisition of COTS items for both contracts and subcontracts.
- Regulatory Consistency: The section ensures that across the FAR, specific provisions and clauses are tailored to match the exemptions or inclusions granted to commercial entities.
Practical Implications
- Reduced Flow-Down Burden: Prime contractors are restricted from burdened commercial subcontractors with unnecessary government-unique clauses, as only those identified in FAR 52.212-5 and 52.244-6 are required.
- Compliance Certainty: Contracting Officers and industry partners can rely on the specific prescriptions in FAR Part 12 and the associated clauses to determine which statutory requirements remain in effect for commercial and COTS transactions.