Public Comments 2008-D024-J.Rubinstein

DFARS Change Notice 20081218 updated the DFARS clause 252.212-7001, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders Applicable to Defense Acquisitions of Commercial Items. Paragraph (b)(5) of 252.212-7001 now shows the date of 252.225-7012, Preference for Certain Domestic Commodities, as DEC 2008, instead of as MAR 2008. There are several DFARS changes implemented by DFARS Change Notice 20080915 that should probably be reflected in the clause 252.212-7001, which are not currently reflected. 1. That change notice added Alternate I to the clause 252.225-7021, Trade Agreements. Previously, 252.225-7021 existed with a basic clause only. * Paragraph (b)(9) of 252.212-7001 still shows only the basic clause 252.225- 7021. It does not show 252.225-7021 with its Alternate I. 2. The change notice added the clauses 252.225-7024, Requirement for Products or Services from Iraq or Afghanistan, and 252.225-7026, Acquisition Restricted to Products or Services from Iraq or Afghanistan * Paragraph (b) of 252.212-7001 does not list either of the clauses 252.225-7024 or 252.225-7026. The clauses 252.225-7021 Alt.1 and 252.225-7024 are included in the resulting contract for which the solicitation provided a preference for products or services from Iraq or Afghanistan in accordance with (IAW) 225.7703-1(a)(1). 252.225-7026 is used in solicitations and contracts restricted to acquisition of products/services from Iraq/Afghanistan IAW 225.7703-1(a)(2), or in contracts directed to particular source(s) in Iraq/Afghanistan using other than competitive procedures IAW 225.7703-1(a)(3). Even though these clauses are used only in connection with contracts for which there is a preference for, or restriction to, Iraqi/Afghani - produced products or services, such products or services could be commercial items. Therefore, I think that 252.212-7001 should include the above three clauses, just in case the need arises to acquire commercial products/services exclusively from Iraq or Afghanistan.