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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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73 sections with “commercial activities”: the first 40

  • 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 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…
  • 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 2.101 Definitions.
    …Biobased product means a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, includin…
  • FAR 6.502 Duties and responsibilities.
    …activity advocates for competition are responsible for— (1) Promoting the acquisition of commercial products and commercial services; (2) Promoting full and open competition; (3) Challenging requirements that are not stated in terms of f…
  • FAR 8.402 General.
    … by GSA and provides Federal agencies (see 8.004) with a simplified process for obtaining commercial supplies and commercial services at prices associated with volume buying. Indefinite delivery contracts are awarded to provide supplies and…
  • FAR 10.001 Policy.
    …finite-delivery-indefinite-quantity (ID/IQ) contract (e.g., GWACs, MACs) for other than a commercial product or commercial service in excess of the simplified acquisition threshold 10 U.S.C. 3453(c)); and (vi) On an ongoing basis, take adv…
  • FAR 10.002 Procedures.
    … allow conduct of market research. (b) Market research is then conducted to determine if commercial products, commercial services, or nondevelopmental items are available to meet the Government's needs or could be modified to meet the Gove…
  • FAR 11.002 Policy.
    …eristics; (ii) Define requirements in terms that enable and encourage offerors to supply commercial products or commercial services or, to the extent that commercial products suitable to meet the agency's needs are not available, nondevelo…
  • 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 39.203 Applicability.
    …rted by the appropriate exception or exemption documented by the requiring activity. (d) Commercial products and commercial services. When acquiring commercial products and commercial services, an agency must comply with those ICT accessib…
  • 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 52.222-50 Combating Trafficking in Persons.
    …estraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Commercially available off-the-shel…
  • DFARS 204.7304 Solicitation provisions and contract clauses.
    …olicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items.…
  • DFARS 213.270 Use of the Governmentwide commercial purchase card.
    Use the Governmentwide commercial purchase card as the method of purchase and/or method of payment for purchases valued at or below the micro-purchase threshold. This policy applies to all types of contract actions authorized by the FAR unl…
  • DFARS 227.7102-2 Rights in technical data.
    (a) The clause at 252.227-7015, Technical Data—Commercial Products and Commercial Services, provides the Government specific license rights in technical data pertaining to commercial products, commercial services, or commercial processes. D…
  • DFARS 227.7103-5 Government rights.
    …ose rights are defined in the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services. In unusual situations, the standards rights may not satisfy the Government's needs or the Government may …
  • DFARS 227.7203-5 Government rights.
    …ited rights. Those rights are defined in the clause at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation. In unusual situations, the standard rights may not satisfy the…
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …tion, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled te…
  • FAR 37.102 Policy.
    …at is not performance-based. (b) Agencies shall generally rely on the private sector for commercial services (see OMB Circular No. A-76, Performance of Commercial Activities and subpart 7.3). (c) Agencies shall not award a contract for th…
  • DFARS 218.201 Contingency operation.
    …used to support a contingency operation. See 211.274-2(b). (3) Use of the Governmentwide commercial purchase card. Governmentwide commercial purchase cards do not have to be used for purchases valued at or below the micro-purchase threshol…
  • DFARS 239.7602-1 General.
    (a) Generally, DoD shall acquire cloud computing services using commercial terms and conditions that are consistent with Federal law, and an agency's needs, including those requirements specified in this subpart. Some examples of commercial…
  • DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
    …erms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of tec…
  • FAR 7.103 Agency-head responsibilities.
    …ired (10 U.S.C. 3206(a)(1) and 41 U.S.C. 3306(a)(1)). (b) Encouraging offerors to supply commercial products or commercial services, or to the extent that commercial products suitable to meet the agency needs are not available, nondevelopm…
  • FAR 7.301 Definitions.
    …ment D of the Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (the Circular).
  • FAR 7.302 Policy.
    …1) Perform inherently governmental activities with Government personnel; and (2) Subject commercial activities to the forces of competition. (b) As provided in the Circular, agencies shall— (1) Not use contractors to perform inherently g…
  • FAR 11.201 Identification and availability of specifications.
    … the General Services Administration (GSA) Index of Federal Specifications, Standards and Commercial Item Descriptions, available on the DoD Acquisition Streamlining and Standardization Information System (ASSIST) website, or listed in othe…
  • FAR 22.1703 Policy.
    …5(b) is not applicable to contracts awarded by the Department of Defense or contracts for commercial products. Government solicitations and contracts shall— (a) Prohibit contractors, contractor employees, subcontractors, subcontractor empl…
  • FAR 31.603 Requirements.
    … items and memorabilia, including models, gifts, and souvenirs. (10) Costs for travel by commercial aircraft which exceed the amount of the standard commercial fare. (11) Costs incurred in making any payment (commonly known as a “golden p…
  • FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
    …(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or who…
  • FAR 52.207-1 Notice of Standard Competition.
    …etition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter “the Circular”), to determine whether to accomplish the specified work under contract or by Gover…
  • FAR 52.207-2 Notice of Streamlined Competition.
    …etition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter “the Circular”), to determine whether to accomplish the specified work under contract or by Gover…
  • DFARS 225.870-1 General.
    …antees to the U.S. Government all commitments, obligations, and covenants of the Canadian Commercial Corporation under any contract or order issued to the Corporation by any contracting office of the U.S. Government. The Canadian government…
  • DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
    …ntains this clause. Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information tha…
  • DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
    …upport Contractors. Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information tha…
  • DFARS 252.239-7010 Cloud Computing Services.
    …eased with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes com…
  • FAR 4.1202 Solicitation provision and contract clause.
    …Annual Representations and Certifications, in solicitations, except for solicitations for commercial products or commercial services issued under part 12. The contracting officer shall check the applicable provisions at 52.204-8(c)(2). Use …
  • FAR 4.1800 Scope of subpart.
    (a) This subpart prescribes policies and procedures for identification of commercial and government entities. The Commercial and Government Entity (CAGE) code system may be used, among other things, to— (1) Exchange data with another contr…
  • FAR 6.302-5 Authorized or required by statute.
    …another agency or from a specified source; or (ii) The agency's need is for a brand name commercial product for authorized resale. (b) Application. This authority may be used when statutes, such as the following, expressly authorize or re…

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.