512.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services.
(a) FAR 12.302(c) severely limits tailoring of clauses or otherwise including additional terms or conditions in commercial products and commercial services solicitations or contracts in a manner that is inconsistent with customary commercial practice. Such tailoring requires a waiver approved as follows:
(1) Individual contract. The contracting officer’s supervisor approves the request.
(2) Class of contracts. The contracting director approves the request.
(b) Paragraph (w) of 552.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (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.