512.302 Tailoring of provisions and clauses for the acquisition of commercial items.
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(a) FAR 12.302(c) severely limits tailoring of clauses or otherwise including additional terms or conditions in commercial item contracts in a manner that is inconsistent with customary commercial practice. Such tailoring requires a waiver approved as follows:
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(1) Individual contract. The contracting officer’s supervisor approves the request.
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(2) Class of contracts. The contracting director approves the request.
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(b) Paragraph (w) of 552.212-4, Contract Terms and Conditions - Commercial Items (FAR DEVIATION), implements statutory requirements, clarifies the application of statutory requirements to common terms and conditions in commercial supplier agreements, sets forth a list of such terms and conditions that do not meet the Government's needs, and shall not be tailored.