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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142 sections with “Commercial product or commercial service offer”: the first 40
- FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard…
- FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.…12.301(b)(2), insert the following provision: Offeror Representations and Certifications—Commercial Products and Commercial Services (OCT 2025) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed t…
- FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.(a) In accordance with 41 U.S.C. 3307, contracts for the acquisition of commercial products or commercial services shall, to the maximum extent practicable, include only those clauses— (1) Required to implement provisions of law or executi…
- FAR 12.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services.…s established in this subpart are intended to address, to the maximum extent practicable, commercial market practices for a wide range of potential Government acquisitions of commercial products and commercial services. However, because of …
- FAR 12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.…he following laws are not applicable to Executive agency contracts for the acquisition of commercial products or commercial services: (1) 10 U.S.C. 983, Institutions of Higher Education that Prevent ROTC Access or Military Recruiting on Ca…
- FAR 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services.… The following laws are not applicable to subcontracts at any tier for the acquisition of commercial products or commercial services at any tier: (1) 10 U.S.C. 2631, Transportation of Supplies by Sea (except for the types of subcontracts l…
- FAR 12.603 Streamlined solicitation for commercial products or commercial services.…ocedure to reduce the time required to solicit and award contracts for the acquisition of commercial products or commercial services. This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single …
- FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.…clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAR 2026) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause…
- FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services.As prescribed in 44.403, insert the following clause: Subcontracts for Commercial Products and Commercial Services (OCT 2025) (a) Definitions. As used in this clause— Commercial product, commercial service, and commercially available off…
- DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.…ly to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services. If the offeror has completed any of the following provisions listed in this paragraph electronically as p…
- DFARS 212.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services.… The following laws are not applicable to subcontracts at any tier for the acquisition of commercial products, commercial services, or commercial components: (i) 10 U.S.C. 2391 note, Notification of Substantial Impact on Employment. (ii) …
- FAR 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services.…cribed in 32.206(b)(2), insert the following clause: Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (a) Contractor entitlement to financing payments. The Contractor may request, and the Governme…
- FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.…s prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that co…
- DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.…02-4(b) and 227.7103-6(a), use the following clause: Rights in Technical Data—Other Than Commercial Products and Commercial Services (Aug 2025) (a) Definitions. As used in this clause— Computer data base means a collection of data record…
- FAR 46.709 Warranties of commercial products and commercial services.The contracting officer should take advantage of commercial warranties, including extended warranties, where appropriate and in the Government's best interests, offered by the contractor for the repair and replacement of commercial products…
- FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.…(c), the Contracting Officer may insert a provision substantially as follows: Evaluation—Commercial Products and Commercial Services (NOV 2021) (a) The Government will award a contract resulting from this solicitation to the responsible o…
- DFARS 213.301 Governmentwide commercial purchase card.…e procedures at PGI 213.301 for authorizing, establishing, and operating a Governmentwide commercial purchase card program. (1) “United States,” as used in this section, means the 50 States and the District of Columbia, the Commonwealth of…
- DFARS 227.7203-2 Acquisition of other than commercial computer software and computer software documentation and associated rights.…h deliverable item; and (6) Specify in the negotiated terms that any required other than commercial computer software, related recorded information, and associated license rights identified in the assessment of life-cycle needs in paragrap…
- DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.…ed by a nontraditional defense contractor, as defined in DFARS 202.101, may be treated as commercial products or commercial services. The decision to apply commercial product or commercial service procedures to the procurement of supplies a…
- DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.As prescribed in 227.7203-6(a)(1), use the following clause: Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation (Aug 2025) (a) Definitions. As used in this clause— Commercial compu…
- DFARS 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.As prescribed in 227.7104-4(a)(1), use the following clause: RIGHTS IN OTHER THAN COMMERCIAL TECHNICAL DATA AND COMPUTER SOFTWARE—SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM (AUG 2025) (a) Def…
- FAR 12.203 Procedures for solicitation, evaluation, and award.(a) Contracting officers shall use the policies unique to the acquisition of commercial products and commercial services prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescrib…
- FAR 12.205 Offers.…ontracting officers shall request existing product or service literature from offerors of commercial products or commercial services in lieu of unique technical proposals. (b) Contracting officers should allow offerors to propose multiple …
- FAR 12.303 Contract format.Solicitations and contracts for the acquisition of commercial products or commercial services prepared using this part 12 shall be assembled, to the maximum extent practicable, using the following format: (a) Standard Form (SF) 1449; (b) …
- FAR 12.602 Streamlined evaluation of offers.…r may insert a provision substantially the same as the provision at 52.212-2, Evaluation— Commercial Products and Commercial Services, in solicitations for commercial products or commercial services or comply with the procedures in 13.106 i…
- FAR 15.306 Exchanges with offerors after receipt of proposals.…echnical solution, including— (i) Unique technology; (ii) Innovative and unique uses of commercial products or commercial services; or (iii) Any information that would compromise an offeror's intellectual property to another offeror; (3…
- FAR 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).… by law or regulation (see standards in paragraph (c)(2) of this subsection); (3) When a commercial product or commercial serviceis being acquired (see standards in paragraph (c)(3) of this section); (4) When a waiver has been granted (se…
- FAR 15.403-3 Requiring data other than certified cost or pricing data.… determine the cost realism of competing offers or to evaluate competing approaches. (c) Commercial products and commercial services. (1) At a minimum, the contracting officer must use price analysis to determine whether the price is fair …
- FAR 15.404-2 Data to support proposal analysis.… pricing practices and history; (iii) Information to help contracting officers determine commerciality and a fair and reasonable price, including— (A) Verifying sales history to source documents; (B) Identifying special terms and conditi…
- FAR 31.205-13 Employee morale, health, welfare, food service, and dormitory costs and credits.…equire charging inordinately high prices, or prices or rates higher than those charged by commercial establishments offering the same services in the same geographical areas. The following are examples of unusual circumstances: (A) The con…
- FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.…agraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror ha…
- FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.…r source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service…
- FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.…d, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause— (1) Means any item of supply (including construction material) that is— (i…
- FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.…controlling document, unless it was previously submitted to the contracting office. (ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum…
- FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.…e contracting office. (ii) Information on modifications of contracts or subcontracts for commercial products or commercial services. (A) If— (1) The original contract or subcontract was granted an exception from certified cost or pricing …
- DFARS 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).…only one offer is received in response to a competitive solicitation, see 215.371-3. (3) Commercial products or commercial services. (A) Follow the procedures at PGI 215.403-1(c)(3) for pricing commercial products or commercial services, e…
- DFARS 227.7103-3 Early identification of technical data to be furnished to the Government with restrictions on use, reproduction, or disclosure.…olicitations that include the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services. The provision requires offerors to identify any technical data for which restrictions, other than copyrig…
- DFARS 227.7103-10 Contractor identification and marking of technical data to be furnished with restrictive markings.…quent to contract award, the clauses at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software—Small Business Inn…
- DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.…controlling document, unless it was previously submitted to the contracting office. (ii) Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, …
- DFARS 252.227-7016 Rights in Bid or Proposal Information.…his clause— Computer software is defined in— (1) The 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, clause of this contract; or (2) If this is a contract awarded…
FAR (chapter 1)
- Part 1 Federal Acquisition Regulations System 58 sections
- Part 2 Definitions of Words and Terms 3 sections
- Part 3 Improper Business Practices and Personal Conflicts of Interest 98 sections
- Part 4 Administrative and Information Matters 116 sections
- Part 5 Publicizing Contract Actions 34 sections
- Part 6 Competition Requirements 34 sections
- Part 7 Acquisition Planning 34 sections
- Part 8 Required Sources of Supplies and Services 67 sections
- Part 9 Contractor Qualifications 106 sections
- Part 10 Market Research 4 sections
- Part 11 Describing Agency Needs 33 sections
- Part 12 Acquisition of Commercial Products and Commercial Services 38 sections
- Part 13 Simplified Acquisition Procedures 49 sections
- Part 14 Sealed Bidding 82 sections
- Part 15 Contracting by Negotiation 81 sections
- Part 16 Types of Contracts 74 sections
- Part 17 Special Contracting Methods 50 sections
- Part 18 Emergency Acquisitions 34 sections
- Part 19 Small Business Programs 126 sections
- Part 22 Application of Labor Laws to Government Acquisitions 205 sections
- Part 23 Environment, Sustainable Acquisition, and Material Safety 38 sections
- Part 24 Protection of Privacy and Freedom of Information 10 sections
- Part 25 Foreign Acquisition 81 sections
- Part 26 Other Socioeconomic Programs 36 sections
- Part 27 Patents, Data, and Copyrights 59 sections
- Part 28 Bonds and Insurance 61 sections
- Part 29 Taxes 23 sections
- Part 30 Cost Accounting Standards Administration 30 sections
- Part 31 Contract Cost Principles and Procedures 87 sections
- Part 32 Contract Financing 175 sections
- Part 33 Protests, Disputes, and Appeals 23 sections
- Part 34 Major System Acquisition 20 sections
- Part 35 Research and Development Contracting 25 sections
- Part 36 Construction and Architect-engineer Contracts 81 sections
- Part 37 Service Contracting 46 sections
- Part 38 Federal Supply Schedule Contracting 3 sections
- Part 39 Acquisition of Information Technology 14 sections
- Part 40 Information Security and Supply Chain Security 12 sections
- Part 41 Acquisition of Utility Services 17 sections
- Part 42 Contract Administration and Audit Services 84 sections
- Part 43 Contract Modifications 14 sections
- Part 44 Subcontracting Policies and Procedures 24 sections
- Part 45 Government Property 33 sections
- Part 46 Quality Assurance 60 sections
- Part 47 Transportation 106 sections
- Part 48 Value Engineering 13 sections
- Part 49 Termination of Contracts 108 sections
- Part 50 Extraordinary Contractual Actions and the Safety Act 34 sections
- Part 51 Use of Government Sources by Contractors 15 sections
- Part 52 Solicitation Provisions and Contract Clauses 680 sections
- Part 53 Forms 61 sections
DFARS (chapter 2, Defense)
- Part 201 Federal Acquisition Regulations System 24 sections
- Part 202 Definitions of Words and Terms 1 sections
- Part 203 Improper Business Practices and Personal Conflicts of Interest 28 sections
- Part 204 Administrative and Information Matters 76 sections
- Part 205 Publicizing Contract Actions 11 sections
- Part 206 Competition Requirements 20 sections
- Part 207 Acquisition Planning 22 sections
- Part 208 Required Sources of Supplies and Services 31 sections
- Part 209 Contractor Qualifications 55 sections
- Part 210 Market Research 2 sections
- Part 211 Describing Agency Needs 22 sections
- Part 212 Acquisition of Commercial Products and Commercial Services 24 sections
- Part 213 Simplified Acquisition Procedures 23 sections
- Part 214 Sealed Bidding 14 sections
- Part 215 Contracting by Negotiation 66 sections
- Part 216 Types of Contracts 36 sections
- Part 217 Special Contracting Methods 64 sections
- Part 218 Emergency Acquisitions 7 sections
- Part 219 Small Business Programs 47 sections
- Part 222 Application of Labor Laws to Government Acquisitions 56 sections
- Part 223 Environment, Sustainable Acquisition, and Material Safety 34 sections
- Part 224 Protection of Privacy and Freedom of Information 2 sections
- Part 225 Foreign Acquisition 251 sections
- Part 226 Other Socioeconomic Programs 14 sections
- Part 227 Patents, Data, and Copyrights 99 sections
- Part 228 Bonds and Insurance 17 sections
- Part 229 Taxes 9 sections
- Part 230 Cost Accounting Standards Administration 2 sections
- Part 231 Contract Cost Principles and Procedures 13 sections
- Part 232 Contract Financing 74 sections
- Part 233 Protests, Disputes, and Appeals 8 sections
- Part 234 Major System Acquisition 13 sections
- Part 235 Research and Development Contracting 16 sections
- Part 236 Construction and Architect-engineer Contracts 25 sections
- Part 237 Service Contracting 67 sections
- Part 239 Acquisition of Information Technology 38 sections
- Part 241 Acquisition of Utility Services 8 sections
- Part 242 Contract Administration and Audit Services 40 sections
- Part 243 Contract Modifications 18 sections
- Part 244 Subcontracting Policies and Procedures 13 sections
- Part 245 Government Property 23 sections
- Part 246 Quality Assurance 39 sections
- Part 247 Transportation 27 sections
- Part 249 Termination of Contracts 14 sections
- Part 250 Extraordinary Contractual Actions and the Safety Act 16 sections
- Part 251 Use of Government Sources by Contractors 5 sections
- Part 252 Solicitation Provisions and Contract Clauses 405 sections
- Part 253 Forms 10 sections
- Part 270 Defense Contracting Programs 7 sections
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.