(b)(2)(90) When the conditions at 13.101 apply, use the provision at 52.213-9004, Offeror Representations, Certifications, and Fill-in Information-Electronic Commerce, instead of FAR provision 52.212-3.
(b)(3)(90) When FAR 52.213-1, Fast Payment, applies to an acquisition conducted using FAR Part 12, insert the clause at 52.212-9001.
(e) Discretionary use of FAR provisions and clauses. Pursuant to FAR 12.301 and 12.302, contracting officers must use their authority to tailor the standard FAR Part 12 terms and conditions as necessary to meet the Government’s needs. (For example, a catalog or market price generally includes the cost of liability or similar insurance; therefore, a contracting officer should negotiate an appropriate reduction in the catalog or market price, or tailor FAR 52.212-4(p), Limitation of liability, so the contractor is not relieved from consequential damages (see FAR 46.803). Also see DLAD 12.208(90) concerning how to tailor FAR 52.212-4(a), Inspection/ Acceptance.) Subject to the procedures in FAR and DLAD 12.302, the contracting officer may -
(90) Include other DLAD provisions and clauses; and
(91) If necessary, make accompanying changes to the provision at FAR 52.212-1 and the clause at FAR 52.212-4.
(f) DLA SPE has approved supplementation of the provisions and clauses in FAR Part 12 to require use of the following provisions and clauses, when applicable:
(90) 52.217-9006, Limitations on Surge and Sustainment (S&S) Investments, as prescribed in 17.9308(a), Solicitation and Contract Clauses.
(91) 52.212-9000, Changes - Military Readiness, as prescribed in 12.302(b)(3)(91).
(92) The provisions and clauses below, as prescribed in FAR 16.203-4(a), 16.506(a)-(f), and 17.208(c)(1). These terms and conditions are necessary to support certain DLA business practices, including long term contracts, prime vendor arrangements, and indefinite delivery contracts.
(i) FAR 52.216-2, Economic Price Adjustment - Standard Supplies, or a clause authorized in accordance with DLAD 16.203-3;
(ii) FAR 52.216-18, Ordering;
(iii) FAR 52.216-19, Order Limitations;
(iv) FAR 52.216-20, Definite Quantity;
(v) FAR 52.216-21, Requirements;
(vi) FAR 52.216-22, Indefinite Quantity;
(vii) FAR 52.216-27, Single or Multiple Awards; and
(viii) FAR 52.217-5, Evaluation of Options.
(93) The provision at FAR 52.215-20, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, as prescribed in FAR 15.408(l); and the clause at 52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications, as prescribed in FAR 15.408(m).
(94) Reserved
(95) Reserved
(96) The provision at DFARS 252.209-7002, Disclosure of Ownership or Control by a Foreign Government, as prescribed in DFARS 209.104-70(b).
(97) The clause at 52.211-9005, Conditions for Evaluation and Acceptance of Offers for Critical Safety Items, as prescribed in 11.304-90(a).
(98) The clause at 52.211-9006, Changes in Contractor Status, Item Acquired, And/Or Manufacturing Process/Facility - Critical Safety Items, as prescribed in 11.304-90(b).
(99) The clause at 52.211-9007, Withholding of Materiel Review Board (MRB) Authority - Critical Safety Items, as prescribed in 11.304-90(c).
(100) The clause at 52.239-9000, Y2K Compliance Notice, as prescribed in 39.106(a)(92).
(101) Use of the clause at FAR 52.211-5, Material Requirements, as prescribed in FAR 11.304; and the clause at 52.211-9000, Government Surplus Material, and the provisions at 52.211-9003, Conditions for Evaluation of Offers of Government Surplus Material, and 52.211-9009, Non-Acceptability of Government Surplus Material, as prescribed in 11.304-91
(102 the clause at 52.211-9010, Military Shipping Label (MSL) Requirements - MIL-STD-129P, as prescribed in 11.290(b).
(103) the clause at 52.211-9014, Contractor Retention of Traceability Documentation, as prescribed in 11.304-92.
(104) the clause at 52.247-9012, as prescribed in 47.305-1.
(105) the clause at 52.217-9017, Tailored Logistics Support Purchasing Reviews, as prescribed in 17.9508.
(106) the clause at FAR 52.232-17, Interest, as prescribed in FAR 32.617.
(107) the clause at FAR 52.242-13, Bankruptcy, as prescribed in FAR 42.903.
(108) the clause at FAR 52.242-15, Stop Work Order, as prescribed in FAR 42.1305(b)(1).
(109) the clause at 52.217-9002, Conditions for Evaluation and
Acceptance of Offers for Part Numbered Items, as prescribed in
17.7501(b)(3)(i).]
(110) The clauses at 52.246-9064, Quality Conformance Inspection Requirements, and 52.246-9065, Protection From Degradation Due To Electrostatic/Electromagnetic Forces, as prescribed in 46.401-91(a) and (b), respectively.
(111) The provisions and clauses listed below, as necessary to support acquisitions of items that require first article testing:
(i) 52.209-9015, Waiver - first article test - simplified acquisitions, as prescribed in 9.306(c)(90)(i);
(ii) 52.209-9016, Evaluation of offers - first article testing, as prescribed in 9.306(i)(90) or 52.209-9016 with its Alternate I, as prescribed in 9.306(i)(91);
(iii) 52.209-9017, First article - contractor testing - additional requirements, and any applicable alternates, as prescribed in 9.308-1(a)(91)(ii)(A);
(iv) 52.209-9018, First Article - Government Test - Additional Requirements, and any applicable alternates, as prescribed in 9.308-2(a)(91)(ii)(A);
(v) 52.209-9019, Requests for Waiver of First Article Testing Requirements, as prescribed in 9.306(c)(1);
(vi) 52.209-9020, First article testing requirement - waiver approved, as prescribed in 9.308-1(a)(93)(iii)(A) and 9.308-2(a)(93)(ii)(A);
(vii) 52.209-9021, Drawing approval prior to production, as prescribed in 9.306(c)(2)(ii); and
(viii) 52.211-9019, Reduced delivery schedule applies when first article testing requirements are waived, as prescribed in 9.306(f)(2) and 11.404-91.
12.301(f)-
(112) 52.209-9022 Compatibility Testing Requirements, and 52.209-9023, Compatibility Testing Approval - Government Testing, as prescribed in 9.390.
(113) 52.209-9024, Government Fit Verification Testing, and 52.209-9025, Government Fit Verification Testing Approval, as prescribed in 9.391.
(114) the clause at DLAD 52.211-9063, Unit Package Marking Requirement for Component Lead Finish, as prescribed in 11.291.
(115) the clauses at FAR 52.246-11, Higher-Level Contract Quality Requirement, 52.246-2, Inspection of Supplies - Fixed Price, and 52.246-9043, Higher-Level Contract Quality Requirement (Non-Manufacturers), as prescribed in 46.311.
(116) the clause at DLAD 52.246-9066, Documentation of Traceability, as prescribed in 46.490(c).
