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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41 sections with “commercial marketplace”: the first 40
- 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 12.302 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 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 10.002 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 12.000 Scope of part.This part prescribes policies and procedures unique to the acquisition of commercial products, including commercial components, and commercial services. It implements the Federal Government's preference for the acquisition of commercial pro…
- FAR 12.201 General.This subpart identifies special requirements for the acquisition of commercial products and commercial services intended to more closely resemble those customarily used in the commercial marketplace, as well as other considerations necessar…
- FAR 12.213 Other commercial practices.It is a common practice in the commercial marketplace for both the buyer and seller to propose terms and conditions written from their particular perspectives. The terms and conditions prescribed in this part seek to balance the interests o…
- 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 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 32.202-1 Policy.…r to provide all resources needed for performance of the contract. Thus, for purchases of commercial products or commercial services, financing of the contract is normally the contractor's responsibility. However, in some markets the provis…
- 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 39.205 Exemptions.… in a fundamental alteration in the nature of the ICT. (3) Nonavailability of conforming commercial products and commercial services. Where there are no commercial products and commercial services that fully conform to the ICT accessibilit…
- 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 52.222-50 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…
- 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 52.225-3 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…
- FAR 52.232-31 Invitation To Propose Financing Terms.…ncing terms of the successful offeror and the clause, Terms for Financing of Purchases of Commercial Products and Commercial Services, at Federal Acquisition Regulation (FAR) 52.232-29, shall be incorporated in any resulting contract. (b) …
- DFARS 232.206 Solicitation provisions and contract clauses.(f) Prompt payment for commercial purchase payments. The contracting officer shall incorporate the following standard prompt payment terms for commercial product and commercial service contract financing: (i) Commercial advance payments: T…
- 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 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.…ovisioned and replaced as an entity; and (ii) Incorporates multiple, replaceable parts. Commercial derivative military article means an item acquired by the Department of Defense that is or will be produced using the same production facil…
- 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 252.225-7036 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 252.225-7044 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…
- 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 12.403 Termination.(a) General. The clause at 52.212-4 permits the Government to terminate a contract for commercial products or commercial services either for the convenience of the Government or for cause. However, the paragraphs in 52.212-4 entitled “Termi…
- FAR 32.201 Statutory authority.10 U.S.C. 3805 and 41 U.S.C. 4505 provide that payment for commercial products or commercial services may be made under such terms and conditions as the head of the agency determines are appropriate or customary in the commercial marketplac…
- 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 215.404-1 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 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, …
- FAR 17.802 Policy.…uisition. (c)(1) A service platform for conducting reverse auctions may be provided by a commercial or Government entity. (2) While some reverse auction service providers are paid directly by the Government for reverse auction services, o…
- FAR 32.203 Determining contract financing terms.…ntracting officer has sufficient information on financing terms that are customary in the commercial marketplace for the item, those terms may be specified in the solicitation.
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.