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FAR ClauseCommercial Items

FAR 52.212-4Contract Terms and Conditions — Commercial Products and Commercial Services

Default contract terms for commercial item acquisitions: inspection, acceptance, warranty, payment, termination, disputes, and intellectual property.

When This Clause Applies

Used in all FAR Part 12 commercial item contracts. Can be tailored by the CO, but tailoring must be consistent with customary commercial practice.

What This Means for Contractors

These terms govern the day-to-day administration of the contract. Pay particular attention to the inspection/acceptance paragraph (which controls when the government can reject deliverables), the termination paragraphs (Convenience and Cause), and the changes paragraph (which limits unilateral changes to within the scope of the contract).

Common Pitfalls

  • 1Not recognizing that 'Termination for Cause' under 52.212-4 differs from FAR 52.249-8 Default
  • 2Missing the 30-day cure period before the CO can terminate for cause
  • 3Failing to invoice in the manner specified (PIEE WAWF for most agencies)
  • 4Accepting tailored terms that exceed commercial practice without negotiation

Related Topics

FAR 52.212-4commercial contract terms conditionsFAR Part 12 contract termstermination for cause commercial

Need help complying with FAR 52.212-4?

Aliff helps GovCon firms map clause requirements to deliverables, build compliance evidence, and respond to CO inquiries with confidence.