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FAR and DFARS › FAR Part 12: Acquisition of Commercial Products and Commercial Services › Subpart 12.1

FAR 12.102 Applicability.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains when FAR Part 12 applies to buying commercial products or commercial services. It also lists situations where Part 12 does not apply, and it allows certain acquisitions for defense against or recovery from specified attacks to be treated as commercial. When another FAR part conflicts with Part 12, Part 12 takes precedence for commercial acquisitions.

Applies to: Acquisitions of commercial products or commercial services

What it requires

  • Use this part for acquisitions of supplies or services that meet the definitions of commercial product or commercial service at section 2.101.
  • Use the policies in this part together with the solicitation, evaluation, and award policies in Part 13, Part 14, or Part 15, as appropriate.
  • Do not apply this part to the listed acquisitions, such as those at or below the micro-purchase threshold, using Standard Form 44, using the imprest fund, using the Governmentwide commercial purchase card as a method of purchase, or directly from another Federal agency.
  • For a sole-source contract over $25 million treated as commercial under paragraph (f)(1) but not meeting the definition at 2.101, do not exempt it from cost accounting standards or certified cost or pricing data requirements.

Key terms: commercial product · commercial service · micro-purchase threshold · Standard Form 44 · imprest fund

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) This part shall be used for the acquisition of supplies or services that meet the definitions of commercial product or commercial service at section 2.101.

(b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition.

(c) Contracts for the acquisition of commercial products or commercial services are subject to the policies in other parts of the FAR. When a policy in another part of the FAR is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial products or commercial services.

(d) The definition of commercial productuses the phrase “purposes other than governmental purposes.” These purposes are those that are not unique to a government.

(e) This part shall not apply to the acquisition of commercial products or commercial services—

(1) At or below the micro-purchase threshold;

(2) Using the Standard Form 44 (see 13.306);

(3) Using the imprest fund (see 13.305);

(4) Using the Governmentwide commercial purchase card as a method of purchase rather than only as a method of payment; or

(5) Directly from another Federal agency.

(f)(1) Contracting officers may treat any acquisition of supplies or services that, as determined by the head of the agency, are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, as an acquisition of commercial products or commercial services.

(2) A contract in an amount greater than $25 million that is awarded on a sole source basis for a product or service treated as a commercial product or commercial service under paragraph (f)(1) of this section but does not meet the definition of a commercial product or commercial service at 2.101 shall not be exempt from—

(i) Cost accounting standards (see subpart 30.2); or

(ii) Certified cost or pricing data requirements (see 15.403).

Sections it refers to

  • 2.101 Definitions.
  • 13.306 SF 44, Purchase Order—Invoice—Voucher.
  • 13.305 Imprest funds and third party drafts.
  • 15.403 Obtaining certified cost or pricing data.

Sections that refer to it

  • 13.105 Synopsis and posting requirements.
  • 13.303-5 Purchases under BPAs.
  • 13.500 General.
  • 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
  • 18.202 Defense or recovery from certain events.
  • 212.102 Applicability.
  • 218.270 Head of contracting activity determinations.

← 12.101 Policy. · 12.103 Commercially available off-the-shelf (COTS) items. →

Rule changes for FAR Part 12

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 12.102 Applicability · SpendQuery