FAR and DFARS › DFARS Part 212: Acquisition of Commercial Products and Commercial Services › Subpart 212.3

DFARS 212.370 Inapplicability of certain provisions and clauses to contracts and subcontracts for the acquisition of commercial products, commercial services, and commercially available off-the-shelf items.

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 states that certain provisions and clauses, which are not expressly authorized by law, do not apply to contracts for acquiring commercial products and commercial services. It matters to contractors because it limits which clauses can be included in those commercial acquisitions.

Applies to: Contracts for the acquisition of commercial products and commercial services

Key terms: commercial products · commercial services · commercially available off-the-shelf items · provisions and clauses · expressly authorized in law

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

The text

The following provisions and clauses, not expressly authorized in law, are not applicable to contracts for the acquisition of commercial products and commercial services:

(a) FAR 52.204-22, Alternative Line Item Proposal.

(b) 252.203-7003, Agency Office of the Inspector General.

(c) 252.215-7007, Notice of Intent to Resolicit.

Sections it refers to

Sections that refer to it

  • 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items.

← 212.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services. · 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items. →

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 212.370 Inapplicability of certain provisions and clauses to contracts and subcontracts for the acquisition of commercial products, commercial services, and commercially available off-the-shelf items · SpendQuery