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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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47 sections with “COTS items”: the first 40

  • DFARS 212.505 Applicability of certain laws to contracts for the acquisition of COTS items.
    Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, any laws listed at FAR 12.503, FAR 12.504, 212.503, or 212.504 are also not applicable or are modified in their applicability to contracts for…
  • FAR 12.505 Applicability of certain laws to contracts for the acquisition of COTS items.
    COTS items are a subset of commercial products. Therefore, any laws listed in sections 12.503 and 12.504 are also inapplicable or modified in their applicability to contracts or subcontracts for the acquisition of COTS items. In addition, t…
  • FAR 12.103 Commercially available off-the-shelf (COTS) items.
    Commercially available off-the-shelf (COTS) items are defined in 2.101. Unless indicated otherwise, all of the policies that apply to commercial products also apply to COTS items. Section 12.505 lists the laws that are not applicable to COT…
  • DFARS 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items.
    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 als…
  • FAR 22.1803 Contract clause.
    …) Are only for— (1) Commercially available off-the-shelf items; (2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101; (3) Items that would be COTS…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    … these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. (iii) The Offeror shall separately list the line item numbers of domes…
  • DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate.
    …gram Certificate—Basic (FEB 2024) (a) Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying country, qualifying country end produc…
  • DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.
    …s not apply to— (1) Electronic components. (2)(i) Commercially available off-the-shelf (COTS) items, other than— (A) Specialty metal mill products, such as bar, billet, slab, wire, plate, or sheet, that have not been incorporated into CO…
  • DFARS 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
    …EB 2024) (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country…
  • FAR 25.101 General.
    …his domestic content test of the Buy American statute has been waived for acquisitions of COTS items (see 12.505(a)) (but see paragraph (a)(2)(ii) of this section). (ii) For an end product that consists wholly or predominantly of iron or s…
  • FAR 25.201 Policy.
    …his domestic content test of the Buy American statute has been waived for acquisitions of COTS items (see 12.505(a)). (ii) For construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost …
  • DFARS 204.7304 Solicitation provisions and contract clauses.
    …ept for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items. (b) Use the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, …
  • FAR 25.003 Definitions.
    … as foreign; or (2) The construction material is a commercially available off-the-shelf (COTS) item; or (ii) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction materia…
  • FAR 52.225-1 Buy American—Supplies.
    …CT 2022) (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defin…
  • FAR 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act.
    …rvices does not exceed that of the article itself. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defin…
  • FAR 52.225-9 Buy American—Construction Materials.
    …CT 2022) (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defin…
  • FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements.
    … from the materials from which it was transformed. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defin…
  • DFARS 225.101 General.
    …he United States or a qualifying country, excluding commercially available off-the-shelf (COTS) fasteners. The domestic content test of the Buy American statute has not been waived for acquisitions of COTS items in this category, except for…
  • DFARS 225.7003-3 Exceptions.
    …component is critical to national security. (2)(i) Commercially available off-the-shelf (COTS) items containing specialty metals, except the restrictions do apply to contracts or subcontracts for the acquisition of— (A) Specialty metal mi…
  • DFARS 252.225-7001 Buy American and Balance of Payments Program.
    …EB 2024) (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the def…
  • DFARS 252.225-7021 Trade Agreements.
    …n 2 rates of duty (HTSUS General Note 3(b)) apply. Commercially available off-the-shelf (COTS) item. (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defi…
  • DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program.
    …s does not exceed the value of the product itself. Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the def…
  • DFARS 252.225-7044 Balance of Payments Program—Construction Material.
    …EB 2024) (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the def…
  • DFARS 252.225-7045 Balance of Payments Program—Construction Material Under Trade Agreements.
    … from the materials from which it was transformed. Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the def…
  • DFARS 270.105 Solicitation provisions and contract clause.
    …ept for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items, that include the clause at 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses. (b) Unless waived in a…
  • FAR 22.1703 Policy.
    …ance plan if any portion of the contract or subcontract— (A) Is for supplies, other than COTS items (see 2.101), to be acquired outside the United States, or services to be performed outside the United States; and (B) The estimated value …
  • FAR 25.106 Determining reasonableness of cost.
    …section. See evaluation procedures at subpart 25.5. (2)(i) For end products that are not COTS items and do not consist wholly or predominantly of iron or steel or a combination of both, if the procedures in paragraph (b)(1)(i) of this sect…
  • FAR 52.225-2 Buy American Certificate.
    … these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. (3) The Offeror shall separately list the line item numbers of domesti…
  • FAR 52.225-4 Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
    …ccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement…
  • DFARS 204.7504 Solicitation provision and contract clause.
    …ces, except for those solely for the acquisition of commercially available off-the-shelf (COTS) items, if the program office or requiring activity determines that the contractor is required to have a specific CMMC level. (2) On or after No…
  • DFARS 225.7022-5 Solicitation provision and contract clause.
    …R part 12 procedures for the acquisition of commercial products, commercial services, and COTS items, that contain the clause at 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. (b) Use the clau…
  • FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …ontractor Information Systems, in solicitations and contracts (except for acquisitions of COTS items), as prescribed in 4.1903. (6) Insert the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillan…
  • FAR 12.502 Procedures.
    …rt to reflect its proper application to contracts and subcontracts for the acquisition of COTS items.
  • FAR 23.109 Solicitation provisions and contract clauses.
    …he contract action requirements. (b) EPA-designated items. Except for the acquisition of COTS items— (1) Insert the provision at 52.223-4, Recovered Material Certification, in solicitations that require the delivery or specify the use of …
  • DFARS 225.003 Definitions.
    … Buy American statute; or (B) The end product is a commercially available off-the-shelf (COTS) item; or (2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in…
  • DFARS 225.7023-4 Contract clause.
    …tracts using FAR part 12 procedures for the acquisition of commercial products, including COTS items, and commercial services, and that— (a) Are for the acquisition of covered items; (b) Are for use within the United States; and (c) Have…
  • FAR 25.001 General.
    …tic content test has been waived for acquisition of commercially available off-the-shelf (COTS) items, except a product that consists wholly or predominantly of iron or steel or a combination of both (excluding COTS fasteners) (see 25.101(a…
  • FAR 25.204 Evaluating offers of foreign construction material.
    … offeror on the basis of unreasonable cost. (ii) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the procedures in paragraph (b)(1)(i) of this sec…
  • FAR 2.101 Definitions.
    …ions, subsidiaries, or affiliates of a contractor. Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in paragraph (1) of the defi…
  • FAR 12.500 Scope of subpart.
    …d subcontracts, at any tier, for the acquisition of commercially available off-the-shelf (COTS) items. (b) This subpart also lists provisions of law that have been amended to eliminate or modify their applicability to either contracts or s…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.