By Government Contracts Editorial Staff
Department of Defense Class Deviation 2018-O0021 specifies that, when using the Standard Procurement System to contract for commercial items, DoD contracting activities may deviate from the requirements of FAR 12.301(b)(4) and the contract clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders—Commercial Items. FAR 52.212-5 requires contracting officers to “check a box” to identify the clauses that apply to the acquisition of commercial items. Rather than requiring COs to “check the applicable clauses,” SPS has a clause logic capability that automatically selects clauses under FAR 52.212-5, and COs may use this capability to select clauses that apply to a specific solicitation and contract. COs must ensure that the deviated version of FAR 52.212-5 is incorporated into solicitations and contracts because the deviation fulfills the statutory requirements on auditing and subcontract clauses applicable to commercial items. For the text of the deviation, which went into effect on October 1, 2018, see ¶70,245.94.
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