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FAR and DFARS › DFARS Part 212: Acquisition of Commercial Products and Commercial Services › Subpart 212.70

DFARS 212.7002 Policy.

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 section sets the policy for when and how contracting officers may use a Commercial Solutions Opening (CSO). It matters to contractors because it limits CSO use to innovative solutions, capability gaps, or situations where varied technical approaches are expected, and it requires fixed-price contracts for CSO awards.

Applies to: Contracting officers using a CSO

What it requires

  • Use fixed-price type contracts, including fixed-price incentive contracts, for awards resulting from a CSO
  • Treat products and services acquired using a CSO as commercial products or commercial services
  • When using a CSO for research and development, use the procedures of this subpart with FAR part 35 and part 235

Key terms: CSO · fixed-price type contracts · fixed-price incentive contracts · commercial products · commercial services

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

The text

(a) Contracting officers may only use a CSO—

(1) To obtain innovative solutions or potential capabilities that fulfill requirements;

(2) To close capability gaps, or provide potential innovative technological advancements; and

(3) When meaningful proposals with varying technical or scientific approaches can be reasonably anticipated.

(b) Notwithstanding FAR 12.207, contracting officers shall use fixed-price type contracts, including fixed-price incentive contracts, for awards resulting from a CSO. When using a fixed-price incentive contract, see FAR 12.214 and subpart 16.4 for additional requirements.

(c) Contracting officers shall treat products and services acquired using a CSO as commercial products or commercial services.

(d) When using a CSO to acquire research and development, contracting officers shall use the procedures of this subpart in conjunction with FAR part 35 and part 235. A CSO is not subject to the limitations at 235.016 and may be used to fulfill requirements for research and development, ranging from advanced component development through operational systems development.

Sections it refers to

← 212.7001 Definition. · 212.7003 Limitations. →

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 212.7002 Policy · SpendQuery