(f) The following approvals are required for use of agency or component-unique provisions or clauses in solicitations and contracts for commercial items that will supplement FAR Subpart 12.3/DFARS Subpart 212.3 provisions or clauses:
(1) DASN(A&LM) is the approval authority for inclusion of a component-unique provision or clause that is necessary to reflect an agency-unique statute applicable to the acquisition of commercial items.
(2) The NSPE is the approval authority for inclusion of any agency or component-unique provision or clause that is otherwise not necessary to reflect an agency-unique statute applicable to the acquisition of commercial items.
(3) Submit all requests for approvals to DASN A&LM via email at [email protected]. Include in the subject line: “APPROVAL OF UNIQUE PROVISION/CLAUSE FOR COMMERCIAL ITEM CONTRACTS-[HCA NAME].” All requests shall contain the necessary documentation justifying the proposed action.
(90) Annex (7), COMMERCIAL ITEM ACQUISITIONS PROVISION/CLAUSE USE, includes a table in section A outlining the current sources of approval authority governing the use of provisions and clauses in solicitations and contracts for the acquisition of commercial items beyond those specifically prescribed for use in such actions by FAR Subpart 12.3 (DFARS Subpart 212.3). Section B of the Annex describes the implementing procedures on provision and clause use in solicitations and contracts for commercial items. Contracting Officers will use these procedures, in conjunction with prescribed policies and guidance set forth in FAR Part 12, DFARS Part 212 and NMCARS Part 5212, to determine the appropriate provisions/clauses to be used for a specific commercial item acquisition. Solicitations and contracts for commercial items that are issued pursuant to FAR Part 12 procedures shall contain properly approved provisions and clauses. Only USD(AT&L)DPAP may approve the use of any component-unique provision or clause that meets the conditions of DFARS 201.304(1)(i).
