FAR and DFARS › DFARS Part 239: Acquisition of Information Technology › Subpart 239.1
DFARS 239.101 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 limits when a contracting officer can buy information technology products or services that are not commercial items, if the contract is above the simplified acquisition threshold. Before doing so, the head of the contracting activity must determine in writing that no commercial items can meet the agency's needs, based on market research. It also points to other DFARS sections for software acquisition rules.
Applies to: Contracting officers buying information technology products or services for DoD
What it requires
- Do not award a contract above the simplified acquisition threshold for non-commercial information technology products or services unless the head of the contracting activity makes a written determination that no commercial items are suitable
- Use market research appropriate to the circumstances to make that determination
Key terms: simplified acquisition threshold · information technology products or services · commercial products · commercial services · market research
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(1) A contracting officer may not enter into a contract in excess of the simplified acquisition threshold for information technology products or services that are not commercial products or commercial services unless the head of the contracting activity determines in writing that no commercial items are suitable to meet the agency's needs, as determined through the use of market research appropriate to the circumstances (see FAR 10.001(a)(3)) (section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92)).
(2) See subpart 208.74 when acquiring commercial software or software maintenance.
(3) See 227.7202 for policy on the acquisition of commercial computer software and commercial computer software documentation.
(4) See 227.7203 for policy on the acquisition of other than commercial computer software and other than commercial computer software documentation.
Sections it refers to
Sections that refer to it
- 212.272 Preference for certain commercial products and commercial services.
← 239.001 Applicability. · 239.7001 Policy. →
Rule changes for DFARS Part 239
- Defense Federal Acquisition Regulation Supplement: Disclosure of Information Regarding Foreign Obligations (DFARS Case 2018-D064) ↗ · proposed 2024-11-15 · comments due 2025-01-14
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.