DATE: April 30, 2001

SUBJECT: Department of Defense; Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System (SPS)

SOURCE: Department of Defense Memorandum, dated April 26, 2001

AGENCIES: Department of Defense (DOD)

ACTION: Federal Acquisition Regulation (FAR) and Defense FAR Supplement (DFARS) Deviation

SYNOPSIS: On April 26, 2001, Director of Defense Procurement Deidre Lee issued a memorandum to the directors of defense agencies, the services' deputies for acquisition, and the Defense Logistics Agency's executive director for procurement management authorizing contracting officers to use the SPS clause logic capability to automatically select applicable clauses instead of checking clauses in FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, and DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Applicable to Defense Acquisitions of Commercial Items.

EFFECTIVE DATES: This deviation is effective from April 30, 2001, through April 30, 2004, or until the FAR or DFARS is revised.

SUPPLEMENTAL INFORMATION: The SPS is an automated system used by DOD contracting officers to draft solicitations and contracts. The contracting officer answers questions about the acquisition, such as type of contract, dollar amount, etc., and the SPS selects the applicable clauses to include in the solicitation or contract.

FAR 52.212-5 and DFARS 252.212-7001 both require contracting officers to mark or "check" the applicable clauses for solicitations and contracts of commercial items. Since the SPS does this, there is no need for contracting officers to mark the applicable clauses in FAR 52.212-5 and DFARS 252.212-7001. Therefore, the Director of Defense Procurement has authorized contracting officers to use FAR 52.212-5 and DFARS 252.212-7001 deviations which merely require the clauses mandated by FAR 52.212-5(e) (that is, FAR 52.222-26, Equal Opportunity (E.O. 11246)); FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212)); FAR 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793)); FAR 52.247-64, Preference for Privately-Owned U.S.-Flagged Commercial Vessels (46 U.S.C. 1241)); and FAR 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351 et seq.)) and by DFARS 252.212-7001(b) (that is, DFARS 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note)); DFARS 252.247-7023, Transportation of Supplies by Sea (10 U.S.C. 2631)); and DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (10 U.S.C. 2631)).

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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