Subpart 512.2 - Special Requirements for the

Acquisition of Commercial Products and

Commercial Services

Parent topic: Part 512 - Acquisition of Commercial Products and Commercial Services

512.201 General.

See subpart 504.70 for guidance on identifying and mitigating supply chain risks.

512.203 Procedures for solicitation, evaluation, and award.

(a) Federal Supply Schedule contracts. For Federal Supply Schedule contracts, the contracting

officer shall use the policies in FAR 12 and this part 512 in conjunction with the policies and

procedures in FAR 38 and part 538. See , Use of Bid Samples, if applicable.

(b) Deregulated/Competitive Acquisitions for Natural Gas and Electricity. For

deregulated/competitive acquisitions, the contracting officer shall use policies and procedures in

FAR 12 and this part 512 in conjunction with the policies and procedures in FAR 41.202 (a) and (b),

the review requirements of FAR 41, and GSAM part 541, as applicable.

(c) Contracting for Construction. The provisions and clauses in FAR 36 and GSAM part 536 address

the fundamental aspects of construction contracting. FAR 36 and GSAM part 536 apply wellestablished commercial principles that are designed to result in an equitable distribution of risk

between the Government and its contractors. The contracting officer should consider the following

when contemplating a construction acquisition as a commercial purchase—

(1) FAR 12, as currently promulgated, should rarely be used for new construction acquisitions or

non-routine alteration and repair services.

(2) FAR 12 and GSAM part 512 may be used in limited circumstances involving construction

contracting, primarily for routine alteration and repair services as well as for the acquisition of

commercial construction materials and associated ancillary services. It may be appropriate to use

FAR 12 and GSAM part 512 for routine projects such as painting or carpeting, simple hanging of

drywall, everyday electrical or plumbing work, and similar noncomplex services, as well as for

purchases of commercial construction material and associated ancillary services.

(3) Whether a construction acquisition is conducted under FAR 36 or FAR 12, the contracting officer

must adhere to the policies of FAR Subpart 22.4. This subpart addresses labor standards for

contracts involving construction. Prior to making the determination that a construction acquisition

can be conducted as a commercial purchase, the contracting officer should conduct appropriate

market research in accordance with FAR 10 and GSAM part 510.

(4) Construction contracts in excess of $2,000 must include an applicable Construction Wage Rate

Requirements statute wage determination found under the System for Award Management Wage

Determinations at https://www.sam.gov. If the construction contract is greater than $30,000, then
the SF 1442 should be used in lieu of the SF 1449 and the bonds or alternate payment protection

provisions of FAR 28.102-1, 28.102-2 and 28.102-3 apply.

(5) Construction contracts awarded as commercial acquisitions should not exceed the prospectus

threshold. The prospectus threshold as referenced in section 102-73.35 of the Federal Management

Regulation (FMR) is posted at https://www.gsa.gov/annualprospectusthreshold.

(d) Acquisitions with Commercial Supplier Agreements. For acquisitions with commercial supplier

agreements, the deviated commercial products and commercial services clause 552.212-4 as

prescribed in 512.301 addresses common commercial terms that conflict with Federal law and

makes the terms unenforceable against the Government. The contracting officer is responsible for:

(1) Identifying objectionable terms not covered by the deviated clause;

(2) Negotiating terms as necessary to meet the Government's needs; and

(3) Documenting the full commercial supplier agreement, including referenced terms, as addenda to

the contract (see 504.803(b)(23)).

512.204 Solicitation/contract form.

COs shall follow the INFORM procedures in section 515.370 for all applicable GSA acquisitions.

512.212 Computer software.

Common commercial supplier agreement terms that conflict with Federal law have been addressed

in paragraphs (u) and (w) of the clause at 552.212-4.

512.216 Unenforceability of unauthorized obligations.

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.