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FAR and DFARS › DFARS Part 212: Acquisition of Commercial Products and Commercial Services › Subpart 212.2

DFARS 212.272 Preference for certain commercial products and commercial services.

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 DFARS section implements statutory preferences for commercial products and services in DoD acquisitions. It requires contracting officers to follow specific procedures for commercial IT acquisitions and restricts awards for certain non-commercial services above the simplified acquisition threshold unless a written determination is made that no commercial services are suitable. The section also identifies which officials can make that determination based on contract value.

Applies to: DoD contracting officers and officials involved in acquisitions of commercial information technology and certain services

What it requires

  • For commercial IT products and services, see 239.101.
  • Do not enter into a contract above the simplified acquisition threshold for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services, unless the appropriate official determines in writing that n
  • For contracts above $10 million, the determination must be made by the head of the contracting activity, the combatant commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable).
  • For contracts above the simplified acquisition threshold and at or below $10 million, the determination must be made by the contracting officer.

Key terms: commercial information technology products and services · simplified acquisition threshold · facilities-related services · knowledge-based services · commercial services

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

The text

(a) As required by section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), for requirements relating to the acquisition of commercial information technology products and services, see 239.101.

(b)(1) As required by section 876 of the National Defense Authorization Act of Fiscal Year 2017 (Pub. L. 114-328), a contracting officer may not enter into a contract above the simplified acquisition threshold for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services, unless the appropriate official specified in paragraph (b)(2) of this section determines in writing that no commercial services are suitable to meet the agency's needs as provided in 10 U.S.C. 3453(c)(2).

(2) The following officials are authorized to make the determination specified in paragraph (b)(1) of this section:

(i) For contracts above $10 million, the head of the contracting activity, the combatant commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable).

(ii) For contracts in an amount above the simplified acquisition threshold and at or below $10 million, the contracting officer.

Sections it refers to

Sections that refer to it

← 212.271 Limitation on acquisition of right-hand drive passenger sedans. · 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services. →

Rule changes for DFARS Part 212

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

DFARS 212.272 Preference for certain commercial products and commercial services · SpendQuery