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FAR and DFARS › FAR Part 12: Acquisition of Commercial Products and Commercial Services › Subpart 12.2

FAR 12.213 Other commercial practices.

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 recognizes that buyers and sellers in the commercial marketplace each propose terms from their own perspective, and that the standard terms in this part aim to balance both sides. It allows other commercial practices to be used in a solicitation or contract if market research shows they fit the particular item and the contracting officer decides they are appropriate. This matters because it gives flexibility to use common commercial terms rather than only the prescribed ones.

Applies to: Contracting officers conducting acquisitions of commercial items

Key terms: commercial marketplace · terms and conditions · market research · commercial practices · contracting officer

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

The text

It is a common practice in the commercial marketplace for both the buyer and seller to propose terms and conditions written from their particular perspectives. The terms and conditions prescribed in this part seek to balance the interests of both the buyer and seller. These terms and conditions are generally appropriate for use in a wide range of acquisitions. However, market research may indicate other commercial practices that are appropriate for the acquisition of the particular item. These practices should be considered for incorporation into the solicitation and contract if the contracting officer determines them appropriate in concluding a business arrangement satisfactory to both parties and not otherwise precluded by law or Executive order.

← 12.212 Computer software. · 12.214 Cost Accounting Standards. →

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 12.213 Other commercial practices · SpendQuery