48 CFR Part 512 — Acquisition of Commercial Products and Commercial Services

PART 512—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Authority: 40 U.S.C. 121(c). Subpart 512.2—Special Requirements for the Acquisition of Commercial Items 512.216 Unenforceability of unauthorized obligations (FAR DEVIATION). GSA has a deviation to FAR 12.216 for this section. For commercial contracts, supplier license agreements are referred to as commercial supplier agreements (defined in 502.101). Paragraph (u) of clause 552.212-4 prevents violations of the Anti-Deficiency Act (31 U.S.C. 1341) for supplies or services acquired subject to a commercial supplier agreement. [83 FR 7634, Feb. 22, 2018, as amended at 89 FR 55086, July 3, 2024] Subpart 512.3—Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Products and Commercial Services 512.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services (FAR DEVIATION). (a) Contract clauses. (1) The clause at 552.212-71, Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial services (FAR DEVIATION). This clause incorporates by reference only those clauses required to implement GSA requirements applicable to the acquisition of commercial products and commercial services (FAR DEVIATION). This clause may be tailored in accordance with FAR 12.302 and GSAM 512.302. (2) The clause at 552.212-72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisitions of Commercial Products and commercial services) FAR DEVIATION), when any listed clauses therein apply. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders that apply to commercial products and commercial services (FAR DEVIATION) acquisitions. (b) FAR deviation. (c) Discretionary use of GSAR provisions and clauses. (d) Use of additional provisions and clauses. (1) Prescribed in the FAR or GSAR for use in acquisitions for commercial products and commercial services (FAR DEVIATION). (2) Consistent with customary commercial practice. [86 FR 55518, Oct. 6, 2021, as amended at 86 FR 68442, Dec. 2, 2021; 87 FR 76112, Dec. 13, 2022; 89 FR 55086, July 3, 2024; 89 FR 62665, Aug. 2, 2024]

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