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
- 52.204-22 Alternative Line Item Proposal.
- 252.203-7003 Agency Office of the Inspector General.
- 252.215-7007 Notice of Intent to Resolicit.
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
- Defense Federal Acquisition Regulation Supplement: Modifications to Printed Circuit Board Acquisition Restrictions (DFARS Case 2022-D011) ↗ · proposed 2026-07-02 · comments due 2026-08-31
- Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Mitigating Risks Related to Foreign Ownership, Control, or Influence (DFARS Case 2021-D011) ↗ · proposed 2026-05-07 · comments due 2026-07-06
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · final rule 2025-09-10 · effective 2025-11-10
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023) ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007) ↗ · final rule 2025-08-25 · effective 2025-10-24
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.