(a) Regardless of provisions in other parts of the VAAR, contracting officers may use, as appropriate, only those provisions and clauses referred to in this part when acquiring commercial items.
(b) Contracting officers may use the provisions and clauses in the following VAAR sections, as appropriate and in accordance with the prescriptions for the provisions and clauses, in requests for quotations, solicitations, and contracts:
(1) 852.203-70, Commercial advertising.
(2) 852.203-71, Display of Department of Veterans Affairs Hotline poster.
(3) 852.207-70, Report of employment under commercial activities.
(4) 852.209-70, Organizational conflicts of interest.
(5) 852.211-71, Special notice.
(6) 852.211-72, Technical industry standards.
(7) 852.211-73, Brand name or equal.
(8) 852.211-75, Product specifications.
(9) 852.214-70, Caution to bidders--bid envelopes.
(10) 852.214-71, Restrictions on alternate item(s).
(11) 852.214-72, Alternate item(s).
(12) 852.214-73, Alternate packaging and packing.
(13) 852.214-74, Bid samples.
(14) 852.216-70, Estimated quantities.
(15) 852.228-71, Indemnification and insurance.
(16) 852.229-70, Sales and use taxes.
(17) 852.233-70, Protest content/alternative dispute resolution.
(18) 852.233-71, Alternate protest procedure.
(19) 852.237-7, Indemnification and medical liability insurance.
(20) 852.237-70, Contractor responsibilities.
(21) 852.246-70, Guarantee.
(22) 852.246-71, Inspection.
(23) 852.246-72, Frozen processed foods.
(24) 852.252-70, Solicitation provisions or clauses incorporated by reference.
(25) 852.270-1, Representatives of contracting officers.
(26) 852.270-2, Bread and bakery products--quantities.
(27) 852.270-3, Purchase of shellfish.
(28) 852.271-72, Time spent by counselee in counseling process.
(29) 852.271-73, Use and publication of counseling results.
(30) 852.271-74, Inspection.
(31) 852.271-75, Extension of contract period.
(c) When appropriate in accordance with the prescriptions for the clauses, the contracting officer may use the clauses in the following VAAR sections in requests for quotations, solicitations, and contracts for the acquisition of commercial items if the contracting officer determines that the use is consistent with customary commercial practices:
(1) 852.211-70, Service data manuals.
(2) 852.211-74, Liquidated damages.
(d) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the clause at 852.271-70, Nondiscrimination in services provided to beneficiaries.
(e) Micro-purchases that use the procedures of this part in conjunction with part 813 do not require clauses unless the contracting officer determines that the use of clauses serves the Government's best interest.
(f) When soliciting for health care resources that are commercial services or the use of medical equipment or space under the authority of part 873 and 38 U.S.C. 8151-8153, the provisions and clauses in the following VAAR sections may be used in accordance with the prescriptions contained therein or elsewhere in the VAAR:
(1) 852.273-70, Late offers.
(2) 852.273-71, Alternative negotiation techniques.
(3) 852.273-72, Alternative evaluation.
(4) 852.273-73, Evaluation--health-care resources.
(5) 852.273-74, Award without exchanges. (38 U.S.C. 8151-8153)