SpendQueryBeta

FAR and DFARS › DFARS Part 212: Acquisition of Commercial Products and Commercial Services › Subpart 212.5

DFARS 212.503 Applicability of certain laws to Executive agency contracts for the acquisition of 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 lists certain laws that do not apply to Executive agency contracts for commercial products and commercial services, and notes where the applicability of other laws has been modified. It matters because it tells contractors which statutory requirements they can disregard when selling commercial items to DoD, reducing compliance burdens.

Applies to: Executive agency contracts for the acquisition of commercial products and commercial services

Key terms: commercial products · commercial services · simplified acquisition threshold · Executive agency · Truthful Cost or Pricing Data

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

The text

(a) The following laws are not applicable to contracts for the acquisition of commercial products or commercial services:

(i) 10 U.S.C. 3321(b), Prohibition on Contingent Fees.

(ii) 10 U.S.C. 3741-3750, Allowable Costs Under Defense Contracts.

(iii) 10 U.S.C. 3845, Contractor Inventory Accounting System Standards (see 252.242-7004).

(iv) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81), Employment Transparency Regarding Individuals Who Perform Work in the People's Republic of China.

(v) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense Related Felonies.

(vi) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.

(vii) 10 U.S.C. 4864, Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods. 10 U.S.C. 4864 is not applicable to contracts valued at or below the simplified acquisition threshold.

(viii) Section 8116 of the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and similar sections in subsequent DoD appropriations acts.

(ix) Domestic Content Restrictions in the National Defense Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless the restriction specifically applies to commercial products or commercial services. For the restriction that specifically applies to commercial ball or roller bearings as end items, see 225.7009-3 (section 8065 of Pub. L. 107-117).

(c) The applicability of the following laws has been modified in regard to contracts for the acquisition of commercial products and commercial services:

(i) 10 U.S.C. 3703, Truthful Cost or Pricing Data (see FAR 15.403-1(b)(3)).

(ii) 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct Sales to the United States (see FAR 3.503 and 52.203-6).

Sections it refers to

  • 252.242-7004 Material Management and Accounting System.
  • 225.7009-3 Exception.
  • 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
  • 3.503 Unreasonable restrictions on subcontractor sales.
  • 52.203-6 Restrictions on Subcontractor Sales to the Government.

Sections that refer to it

  • 212.505 Applicability of certain laws to contracts for the acquisition of COTS items.

← 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items. · 212.504 Applicability of certain laws to subcontracts 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 212.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services · SpendQuery