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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68 sections with “commercial item determination”: the first 40
- 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 47.303-17 Contractor-prepaid commercial bills of lading, small package shipments.…n, to domestic destinations, including DOD air and water terminals, by common carriers on commercial bills of lading. Such shipments shall not exceed 150 pounds by commercial air or 1,000 pounds by other commercial carriers and shall not ha…
- 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 212.209 Determination of price reasonableness.…or obtain market research to support the determination of the reasonableness of price for commercial products and commercial services contained in any bid or offer submitted in response to an agency solicitation. To the extent necessary to …
- 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 252.227-7013 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…
- 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…
- DFARS 244.402 Policy requirements.…are required to determine whether a particular subcontract item meets the definition of a commercial product or commercial service. This requirement does not affect the contracting officer's responsibilities or determinations made under FAR…
- 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…
- 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 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 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 15.404-1 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 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 15.408 Solicitation provisions and contract clauses.…er part 41; (iv) Service contracts where supplies are not required; (v) Acquisitions of commercial products and commercial services ; and (vi) Contracts for petroleum products. (2) The contracting officer shall insert the clause with it…
- FAR 25.103 Exceptions.…ed, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (1) Class determinations. (i) A nonavailability determination has been made for the articles lis…
- 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 52.215-20 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 …
- 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 52.225-3 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 52.225-9 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 52.225-11 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…
- DFARS 212.102 Applicability.…edures. Use of FAR part 12 procedures is based on— (A) A determination that an item is a commercial product or commercial service (see paragraph (a)(iii) of this section); or (B) Applicability of one of the following statutes that provide…
- 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 215.404-1 Proposal analysis techniques.…information submitted by the offeror of recent purchase prices paid by the Government and commercial customers for the same or similar commercial products or commercial services under comparable terms and conditions in establishing price re…
- 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 234.7002 Policy.(a) Major weapon systems. (1) A DoD major weapon system may be treated as a commercial product, or acquired under procedures established for the acquisition of commercial products, only if— (i) The Secretary of Defense determines that— (A…
- 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 252.225-7044 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 (…
- 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 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.…rovisioned and replaced as an entity; and (2) Incorporates multiple, replaceable parts. Commercially available off-the-shelf item— (1) Means any item of supply that is— (i) A commercial products (as defined in paragraph (1) of the defin…
- DFARS 252.227-7037 Validation of Asserted Restrictions on Technical Data.…ons. The terms used in this clause are defined in the Rights in Technical Data—Other Than Commercial Products and Commercial Services clause of this contract. (b) Commercial products or commercial services—presumption regarding development…
- DFARS 211.274-2 Policy for item unique identification.…er after delivery, and the item is either acquired from a small business concern, or is a commercial product acquired under FAR part 12 or 8. (i) The determination and findings shall be executed by— (A) The Component Acquisition Executive…
- 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…
- 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 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.…tractor uses for these employees and equivalent employees servicing the same equipment of commercial customers. (iv) The apparent successful offeror certifies to the conditions in paragraph (c)(2)(i) through (iii) of this subsection. (See …
- FAR 32.904 Determining payment due dates.…o fulfilling their responsibilities; and (4) Except for a contract for the purchase of a commercial product or commercial service, including a brand-name commercial product for authorized resale (e.g., commissary items), the contracting of…
- FAR 52.227-14 Rights in Data—General.…ed rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private e…
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.