FAR 52.212-4 — Contract 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
Related Clauses
Instructions to Offerors — Commercial Products and Commercial Services
Standard instructions for preparing and submitting offers on commercial item solicitations issued under FAR Part 12.
Offeror Representations and Certifications — Commercial Products and Commercial Services
Self-certification of regulatory status, including small business size, set-aside eligibility, tax compliance, foreign ownership, and other federal program participation.
Continue Your Research
NAICS 518210 — Data Processing, Hosting, and Related Services
Find federal contracts under NAICS 518210. Common agencies, set-asides, contract values.
NAICS 541330 — Engineering Services
Find federal contracts under NAICS 541330. Common agencies, set-asides, contract values.
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