General
According to FAR 2.101, Commercially available off-the-shelf (COTS) item is…
1. Any item or supply (including construction material) that is (a) a commercial item (as defined in paragraph (10 of the definition in this section); (b)sold in substantial quantities in the commercial marketplace; and (c) offered to the government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
2. does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. - FAR 2.101
________________ is an essential element of building an effective strategy for the acquisition of commercial items and establishes the foundation for the agency description of need, the solicitation, and resulting contract.
Market research - FAR 12.202(a)
Consistent with the requirements at FAR 5.203(a) and (h), the contracting officer may __________________ before issuance of the solicitation.
Allow fewer than 15 days - FAR 12.204(b)
Where ___________ is necessary for evaluation of offers, agencies should, as part of market research, review existing product literature generally available in the industry to determine its adequacy for purposes of evaluation.
Technical information - FAR 12.205(a)
What type of contract shall agencies use for the acquisition of commercial items?
Firm-Fixed-Price or Fixed-Price with economic price adjustment (EPA) - FAR 12.207(a)
Commercial item prices are affected by factors that include, but are not limited to, …
speed of delivery, length and extent of warranty, limitations of seller's liability, quantities ordered, length of the performance period, and specific performance requirements. - FAR 12.209
The description of agency needs must contain…
Sufficient detail for potential offerors of commercial items to know which commercial products or services may be suitable. - FAR 12.202(b)
In accordance with 41 U.S.C. 3307 contract for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses
(1) required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or (2) determined to be consistent with customary commercial practice. - FAR 12.301(a)
__________________ should be an important element of every evaluation and contract award for commercial items.
Past performance - FAR 12.206
The contract types authorized by this subpart may be used in conjunction with an award fee and ___________________________ when the award fee or incentive is based solely on factors other than cost.
Performance or delivery incentives - FAR 12.207(d)
Contracting officers shall use the policies in FAR Part 12 in conjunction with…
the policies and procedures for solicitation, evaluation and award prescribed in Part 13; Part 14 or Part 15, as appropriate for the particular acquisition - FAR 12.102(b)
Regarding the identification and availability of specifications, standards and commercial item descriptions, follow the procedures in what FAR Subpart?
FAR Subpart 11.2 - FAR 12.202(c )
When using the combined synopsis/solicitation procedure, what form is NOT used for issuing the solicitation?
The SF 1449 - FAR 12.603(b)
The contracting office shall presume that data delivered under a contract for commercial items was______________ at private expense.
Developed exclusively - FAR 12.211
How shall any in-process inspection by the government be conducted?
In a manner consistent with commercial practice. - FAR 12.208
What three general things must the agencies do when acquiring commercial items?
1. Conduct Market Research to determine whether commercial items or nondevelopmental items are available that could meet the agency's requirements.
2. Acquire commercial items or nondevelopmental items when they are available to meet the needs of the agency
3. Require prime contractors and subcontractors at all tiers to incorporate, to the maximum extent practicable, commercial items or nondevelopmental items as components of items supplied to the agency. - FAR 12.101
When acquiring information technology using Internet Protocol, agencies must…
include the appropriate Internet Protocol compliance requirements in accordance with 11.002(g). - FAR 12.202(e)
The Contracting Officer shall use the SF 1449, Solicitation/Contract/Order for Commercial Items if…
1. the acquisition is expected to exceed the simplified acquisition threshold;
2. a paper solicitation or contract is being used; and
3. procedures at FAR 12.603 are not being used. Use of the SF1449 is non-mandatory but encouraged for commercial acquisitions not exceeding the SAT - FAR 12.204(a)
_____________ do not apply to contracts and subcontracts for the acquisition of commercial items when these contracts and subcontracts are firm-fixed-price or fixed-price with EPA (provided that the price adjustment is not based on actual costs incurred).
Cost Accounting Standards (CAS) - FAR 12.214
Contracts for commercial items shall rely on ___________ as a substitute for government inspection and testing before tender for acceptance unless ___________________for the commercial item being acquired include in-process inspection
contractors' existing quality assurance systems; customary market practices - FAR 12.208
FAR Part 12 shall NOT apply when using what type of payment/purchase?
1. Commercial items at or below the micro-purchase threshold
2. Using the SF 44
3. Using the Impress Fund
4. Using the government-wide purchase card
5. Directly from another Federal Agency - FAR 12.102(e )
Requirements documents for electronic and information technology must comply with the applicable accessibility standards issued by what board? According to what regulation?
Architectural and Transportation Barriers Compliance Board; 36 CFR part 1194 - FAR 12.202(d)
When a written solicitation will be issued, the contracting officer may use what procedure to reduce the time required to solicit and award contracts for the acquisition of commercial items?
Streamlined Solicitation (Combined synopsis/solicitation) - FAR 12.603(a)
Contracting Officers should allow offerors to _________________ that will meet a government need in response to solicitations for commercial items. The contracting officer shall ______________________.
propose more than one product; evaluate each product as a separate offer. - FAR 12.205(b)
When may indefinite-delivery contracts be used for the acquisition of commercial items?
The prices are established based on a firm-fixed-price or fixed-price with EPA or rates established for commercial services acquired on a time-and-materials or labor-hour basis. - FAR 12.207(c )(1)