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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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40 sections with “Commercially available off-the-shelf (COTS) item”

  • 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…
  • 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 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…
  • DFARS 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
    … Payments Program Certificate—Basic (FEB 2024) (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement c…
  • DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program.
    … the value of those incidental services 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 (…
  • DFARS 252.225-7045 Balance of Payments Program—Construction Material Under Trade Agreements.
    …fferent construction material distinct 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 (…
  • DFARS 252.225-7001 Buy American and Balance of Payments Program.
    …d Balance of Payments Program—Basic (FEB 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 (…
  • DFARS 252.225-7021 Trade Agreements.
    …f any country to which the HTSUS column 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 (a…
  • DFARS 252.225-7044 Balance of Payments Program—Construction Material.
    …Program—Construction Material—Basic (FEB 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 (…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …omestic end products that contain a critical component (see FAR 25.105). (iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” and “United Sta…
  • FAR 52.222-50 Combating Trafficking in Persons.
    …any sex act on account of which anything of value is given to or received by any person. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as…
  • DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.
    …ral public or by nongovernmental entities for purposes other than governmental purposes. Commercially available off-the-shelf item— (i) Means any item of supply that is— (A) A commercial product (as defined in paragraph (1) of the defini…
  • FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.
    … Certification Regarding Trafficking in Persons Compliance Plan (OCT 2025) (a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clau…
  • DFARS 204.7304 Solicitation provisions and contract clauses.
    … products and commercial services, except 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…
  • DFARS 225.7003-3 Exceptions.
    …ailability of a particular electronic 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 a…
  • DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate.
    … Buy American—Balance of Payments Program 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 …
  • FAR 2.101 Definitions.
    …ferred between or among separate divisions, 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 (a…
  • FAR 12.500 Scope of subpart.
    …ercial services; and (3) Contracts and 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 …
  • FAR 22.1701 Applicability.
    …s only to any portion of a contract or subcontract that— (1) Is for supplies, other than commercially available off-the-shelf (COTS) items, to be acquired outside the United States, or services to be performed outside the United States; an…
  • FAR 22.1801 Definitions.
    As used in this subpart— Commercially available off-the-shelf (COTS) item— (1) Means any item of supply that is— (i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at 2.101; (ii) Sold in subs…
  • FAR 23.100 Scope of subpart.
    …ding those using part 12 procedures for the acquisition of commercial products, including commercially available off-the-shelf (COTS) items, and commercial services and acquisitions valued at or below the micro-purchase threshold.
  • FAR 25.001 General.
    …nd a domestic content test). The domestic 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 (e…
  • FAR 25.003 Definitions.
    …mponents of unknown origin are treated 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 combi…
  • FAR 25.100 Scope of subpart.
    …d (5) Waiver of the domestic content test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907, but see 25.101(a)(2)(ii). (b) It applies to supplies acquired fo…
  • FAR 25.200 Scope of subpart.
    … (5) Waiver of the domestic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907, but see 25.201(b)(2)(ii). (b) It applies to contracts for the co…
  • FAR 52.222-54 Employment Eligibility Verification.
    …Employment Eligibility Verification (JAN 2025) (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item— (1) Means any item of supply that is— (i) A commercial product (as defined in paragraph (1) of the…
  • FAR 52.225-1 Buy American—Supplies.
    …wing clause: Buy American—Supplies (OCT 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…
  • FAR 52.225-2 Buy American Certificate.
    …domestic end products that contain a critical component (see FAR 25.105). (4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” and “foreign end product” are defined …
  • FAR 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act.
    … that the value of those incidental services 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…
  • FAR 52.225-4 Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
    …ponent. (2) The terms “Bahraini, Moroccan, 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 Agr…
  • FAR 52.225-9 Buy American—Construction Materials.
    …Buy American—Construction Materials (OCT 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…
  • FAR 52.225-10 Notice of Buy American Requirement—Construction Materials.
    … Notice of Buy American Requirement—Construction Materials (MAY 2014) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as …
  • FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements.
    …fferent construction material distinct 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…
  • FAR 52.225-12 Notice of Buy American Requirement—Construction Materials Under Trade Agreements.
    …n Requirement—Construction Materials Under Trade Agreements (MAY 2014) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction materia…
  • DFARS 204.7504 Solicitation provision and contract clause.
    …mmercial products and commercial services, 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 sp…
  • DFARS 225.003 Definitions.
    …erest to apply the restrictions of the 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 o…
  • DFARS 270.105 Solicitation provisions and contract clause.
    … products and commercial services, except 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-Own…
  • FAR 22.1803 Contract clause.
    …s; (b) Are for a period of performance of less than 120 days; or (c) 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 defin…
  • DFARS 225.101 General.
    … or steel components not produced in the 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 C…

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.