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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 “commercial concerns”: the first 40

  • 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 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 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 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    …), insert the following clause: Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAR 2026) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) claus…
  • 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 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
    …onomic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less t…
  • 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 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 11.103 Market acceptance.
    …, require offerors to demonstrate that the items offered— (1) Have either— (i) Achieved commercial market acceptance; or (ii) Been satisfactorily supplied to an agency under current or recent contracts for the same or similar requirement…
  • FAR 13.003 Policy.
    …llion for acquisitions as described in 13.500(c)), including options, for acquisitions of commercial products or commercial services using subpart 13.5. (2) Do not break down requirements aggregating more than the simplified acquisition th…
  • FAR 15.404-1 Proposal analysis techniques.
    …ified cost or pricing data from the offeror or contractor for all acquisitions (including commercial acquisitions), if that is the contracting officer's only means to determine the price to be fair and reasonable. (2) The Government may us…
  • FAR 19.704 Subcontracting plan requirements.
    …ther or not the offeror included indirect costs in establishing subcontracting goals (for commercial plans, see paragraph (d) of this section), and a description of the method used to determine the proportionate share of indirect costs to b…
  • FAR 19.705-7 Compliance with the subcontracting plan.
    … faith effort. If, at completion of the basic contract or any option, or in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, a contractor has failed to comply with the requirements of its subc…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ns, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of comme…
  • FAR 52.232-16 Progress Payments.
    …ntractor becomes bankrupt or insolvent. (5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments— (i) Are const…
  • FAR 13.302-5 Clauses.
    … may use the clause at 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services), in simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial pro…
  • FAR 47.101 Policies.
    (a) For domestic shipments, the contracting officer shall authorize shipments on commercial bills of lading (CBL's). Government bills of lading (GBL's) may be used for international or noncontiguous domestic trade shipments or when otherwis…
  • FAR 52.230-4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns.
    …notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outsid…
  • 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 8.1100 Scope of subpart.
    This subpart covers the procedures for the leasing, from commercial concerns, of motor vehicles that comply with Federal Motor Vehicle Safety Standards and applicable State motor vehicle safety regulations. It does not apply to motor vehicl…
  • FAR 31.101 Objectives.
    …procedures in the succeeding subparts are grouped basically by organizational type; e.g., commercial concerns and educational institutions. The overall objective is to provide that, to the extent practicable, all organizations of similar ty…
  • FAR 1.102-2 Performance standards.
    …r competitive advantage to particular firms. (5) The Government will maximize its use of commercial products and commercial services in meeting Government requirements. (6) It is the policy of the System to promote competition in the acqu…
  • FAR 5.503 Procedures.
    …nless the award/order is made by using electronic commerce or by using the Governmentwide commercial purchase card for micropurchases. (b) Rates. Advertisements may be paid for at rates not over the commercial rates charged private individ…
  • FAR 7.105 Contents of written acquisition plans.
    …l area or supporting a diplomatic or consular mission (see 25.301-3); and distribution of commercial products or commercial services; (ii) The reliability, maintainability, and quality assurance requirements, including any planned use of w…
  • 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 15.407-2 Make-or-buy programs.
    …e quantities, or require additional equipment or real property to produce. Raw materials, commercial products, commercial services (see 2.101), and off-the-shelf items (see 46.101) shall not be included, unless their potential impact on con…
  • FAR 16.505 Ordering.
    …ices for orders shall follow the procedures in 5.705. (12) When using the Governmentwide commercial purchase card as a method of payment, orders at or below the micro-purchase threshold are exempt from verification in the System for Award …
  • FAR 16.506 Solicitation provisions and contract clauses.
    … Research, when the contract is over $7.5 million for the procurement of items other than commercial products or commercial services. (i) See 7.107-6 for use of 52.207-6, Solicitation of Offers from Small Business Concerns and Small Busine…
  • FAR 27.302 Policy.
    …and enterprise without unduly encumbering future research and discovery; (4) Promote the commercialization and public availability of the inventions made in the United States by United States industry and labor; (5) Ensure that the Govern…
  • FAR 44.303 Extent of review.
    …d-price, competitively awarded fixed-price with economic price adjustment, or awarded for commercial products and commercial services pursuant to part 12. The considerations listed in 44.202-2 for consent evaluation of particular subcontrac…
  • FAR 52.204-8 Annual Representations and Certifications.
    …ll exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services. (xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the…
  • FAR 52.209-13 Violation of Arms Control Treaties or Agreements—Certification.
    …ly to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101. (b) Certification. [Offeror shall check either (1) or…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    … The reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other data and information as the agency may reasonably specify. The Contracto…
  • FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
    …ness concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services. (End of clause)
  • DFARS 226.104 Contract clause.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are for supplies or services exceeding $500,000 in value.
  • DFARS 252.203-7004 Display of Hotline Posters.
    …on the date of subcontract award, except when the subcontract is for the acquisition of a commercial product or commercial service. (End of clause)
  • FAR 3.103-2 Evaluating the certification.
    … being acquired by the Government. (iii) The fact that a firm has sold the same items to commercial customers at the same prices being offered to the Government. (iv) Participating in a reverse auction (see subpart 17.8). (2) For the pur…
  • FAR 8.004 Use of other sources.
    …as well as the sources listed in paragraph (a)(1) of this section (see subpart 8.6). (b) Commercial sources (including educational and non-profit institutions) in the open market.

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.