Understand the meaningful differences between the Federal Acquisition Regulation (FAR) pre-award and post-award use of the FAR 12 “Acquisition of Commercial Items” procedures, provisions and clauses and the non-commercial procedures, provisions and clauses contained throughout the remainder of the FAR. Instead of basing commercial item acquisition decisions purely on the pre-award process differences between FAR 12 and FAR 13/14/15- this class provides a complete understanding of what it truly means from a performance, liability, and risk standpoint to use FAR 12 provisions and clauses.
- Review the history and development of FAR 12 “Acquisition of Commercial Items”; the multiple FAR definitions of “commercial item” and the implications of applying each of the definitions; the standard procurement laws that are inapplicable to the acquisition of commercial items; and the correct contract types; clause usage and solicitation/contract formatting for commercial items.
- Understand why the market research procurement phase is of critical importance in the acquisition of commercial items and practice applying true commercial item market research by identifying standard commercial market practices, including contract terms and conditions unique to various commercial items that the Government consistently procures.
- Summarize which parts of the FAR are inconsistent with FAR 12 and compare/contrast the noncommercial FAR provisions and clauses with the commercial FAR provisions and clauses, identifying which provisions and clauses are consistent with the noncommercial application (e.g., invoicing, payment, etc.) and those that are inconsistent with the noncommercial application (e.g., quality assurance, inspection/acceptance, etc.).
- Understand the implications and delivery/performance application of the commercial item clauses and provisions that are not consistent with the remainder of the FAR including inspection/acceptance; warranty; intellectual property; liability; etc.
- Compare and contrast the FAR 12 “Acquisition of Commercial Items” with the full commercial (within the United States) acquisition of commercial items and services, including which of the FAR terms and conditions are consistent with the Uniform Commercial Code (UCC) and which are inconsistent with the UCC.
- Apply the knowledge gained to correctly make informed commercial item acquisition decisions that effectively manage risk to the government and contractor and to effectively tailor the commercial items clauses and provisions effectively and appropriately to be consistent with commercial practice.
Recommended For: Contracting Officers and Specialists at all levels who desire or require a complete understanding of the application of FAR 12 “Commercial Item Acquisition” and how the procedures, provisions and clauses are different from non-commercial FAR procedures, provisions and clauses as well as how they are different from truly commercial procedures, provisions and clauses. Students should have a basic understanding of the FAR prior to taking the course (generally obtained by taking a CON 090 course equivalent or via 1-2 years of On-the-Job Training)
Format/Duration: This is a five-day course delivered via the use of lectures, discussions, group/individual exercises; and an assessment (which must be completed with a score of 70% or higher to receive a course certificate).
Group of up to 25 (dedicated delivery)