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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 1502.100

Definitions.

Commercial supplier agreements CSAs mean terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. CSAs are common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, and they may apply to any supply or service.
CSAs may apply regardless of the format or style of the document for example, a CSA may be styled as standard terms of sale or lease, Terms of Service TOS, End User License Agreement EULA, or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order.
CSAs may also apply regardless of the media or delivery mechanism used for example, a CSA may be presented as one or more paper documents, or may appear on a computer or other electronic device screen during a purchase, software installation, product delivery, registration for a service, or other transaction.

3. Add part 1512 to subchapter B read as follows:
PART 1512ACQUISITION OF
COMMERCIAL ITEMS
Subpart 1512.1Special Requirements for the Acquisition of Commercial Items Sec.
1512.101 Unenforceability of unauthorized obligations.
1512.1070 Contract clause.
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

Subpart 1512.1Special Requirements for the Acquisition of Commercial Items
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1512.101 Unenforceability of unauthorized obligations.

EPA deviates from FAR 52.2124 by using the term Commercial Supplier Agreements defined in 1502.100 for commercial contracts instead of supplier license agreements. Paragraph u of clause 1552.33239 FAR DEVIATION
prevents violations of the AntiDeficiency Act 31 U.S.C. 1341 for the acquisition of supplies or services subject to a Commercial Supplier Agreement.
1512.1070

adding paragraph w. Contracting officers shall use clause 1552.33239, Contract Terms and ConditionsCommercial Items FAR DEVIATION, for acquisitions of commercial items in lieu of 52.2124 or 52.2124 Alternate I. The contracting officer may tailor this clause in accordance with FAR 12.302.
PART 1513SIMPLIFIED ACQUISITION
PROCEDURES
4. The authority citation for part 1513
continues to read as follows:

Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

5. Add subpart 1513.6 to read as follows:

Subpart 1513.6Actions at or Below the Micro-Purchase Threshold Unenforceability of unauthorized obligations in micro-purchases. Clause 1552.33239, Unenforceability of Unauthorized Obligations FAR
DEVIATION, will automatically apply to any micro-purchase in lieu of nondeviated FAR 52.23239 for supplies and services acquired subject to a commercial supplier agreement as defined in 1502.100.
6. Revise 1513.507 to read as follows:
1513.507

Contract clauses.

PART 1516TYPES OF CONTRACTS

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7. The authority citation for part 1516
continues to read as follows:

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Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

8. Amend 1516.505 by revising paragraph b to read as follows:

1516.505

Contract clauses.

b The contracting officer shall insert clause substantially the same as 1552.21673, Fixed Rates for Services Indefinite Delivery/Indefinite Quantity Contract, in solicitations and contracts to specify fixed rates for services.
Contracting officers may use Alternate I
for procurements that will have order performance periods longer than one year. Alternate I has a different paragraph c from the Basic form.
Contracting officers must use the Basic form as prescribed for procurements that will have orders with performance periods of one year or less. Contracting officers may use both the Basic form and Alternate I for procurements that will have mixed-length orders, where some are for one year or less, and others are for longer than one year. In such cases contracting officers must include procurement language that the Basic form applies to orders less than one year, and Alternate I applies to orders longer than one year.
PART 1532CONTRACT FINANCING
9. The authority citation for part 1532
continues to read as follows:

ai It is the general policy of the Environmental Protection Agency that contractor or vendor prescribed leases or maintenance agreements for equipment shall not be executed.
ii The contracting officer shall, where appropriate, insert the clause at 1552.21370, Notice to Suppliers of Equipment, in orders for purchases or leases of automatic data processing equipment, word processing, and similar types of commercially available equipment for which vendors, as a matter of routine commercial practice, have developed their own leases and/or customer service maintenance agreements.
b Where the supplies or services are offered under a Commercial Supplier Agreement as defined in 1502.100, the purchase order or modification shall incorporate clause 1552.33239, Unenforceability of Unauthorized Obligations FAR DEVIATION, in lieu of nondeviated clause 52.23239, and clause 1552.23275, Commercial Supplier Agreements-Unenforceable Clauses.

Contract clause.

EPA deviates from FAR 52.2124 by revising paragraphs s and u and
55713

Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

10. Add subpart 1532.10 to read as follows:

Subpart 1532.10Unenforceability of Unauthorized Obligations Supplier license agreements defined in FAR 32.705 are equivalent to Commercial Supplier Agreements defined in 1502.100.
1532.1070

Contract Clauses.

a The contracting officer shall utilize the clause at 1552.33239, Unenforceability of Unauthorized Obligations FAR DEVIATION in all solicitations and contracts in lieu of nondeviated FAR 52.23239.
b The contracting officer shall utilize the clause at 1552.23275, Commercial Supplier Agreements-Unenforceable Clauses, in all procurements where supplies or services are offered under a commercial supplier agreement CSA.
PART 1539ACQUISITION OF
INFORMATION TECHNOLOGY
11. The authority citation for part 1539 continues to read as follows:

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