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

DFARS 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of 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 do not apply to contracts or subcontracts for commercially available off-the-shelf (COTS) items. It lists specific provisions and clauses that are either not applicable or have modified applicability for COTS acquisitions. This matters because it reduces the regulatory burden for contractors supplying COTS items.

Applies to: Contracts and subcontracts for the acquisition of COTS items

Key terms: commercially available off-the-shelf (COTS) items · commercial products · provisions and clauses · contracts or subcontracts

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

The text

Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, the provisions and clauses listed in 212.370 as not applicable to contracts or subcontracts for the acquisition of commercial products are also not applicable to contracts or subcontracts for the acquisition of COTS items. In addition, the following provisions and clauses published after October 13, 1994, not expressly authorized in law, are not applicable or are modified in their applicability to contracts for the acquisition of COTS items:

(a) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems.

(b) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.

(c) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(d) 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements.

(e) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements.

(f) 252.204-7021, Cybersecurity Maturity Model Certification Requirements.

(g) 252.205-7000, Provision of Information to Cooperative Agreement Holders.

(h) 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.

(i) 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.

(j) 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

Sections it refers to

  • 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.
  • 52.204-21 Basic Safeguarding of Covered Contractor Information Systems.
  • 252.204-7008 Compliance with safeguarding covered defense information controls.
  • 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
  • 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
  • 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
  • 252.204-7021 Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements.
  • 252.205-7000 Provision of Information to Cooperative Agreement Holders.
  • 252.270-7000 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
  • 252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
  • 252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

← 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. · 212.503 Applicability of certain laws to Executive agency contracts 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 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items · SpendQuery