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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 practices”: the first 40

  • 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 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 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 12.603 Streamlined solicitation for commercial products or commercial services.
    …ocedure to reduce the time required to solicit and award contracts for the acquisition of commercial products or commercial services. This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single …
  • 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…
  • 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…
  • DFARS 249.7000 Terminated contracts with Canadian Commercial Corporation.
    (a) Terminate contracts with the Canadian Commercial Corporation in accordance with— (1) The Letter of Agreement (LOA) between the Department of Defence Production (Canada) and the U.S. DoD, “Canadian Agreement” (for a copy of the LOA or f…
  • FAR 11.301 Policy.
    …ting performance requirements of the contract. (b)(1) When acquiring products other than commercial products as defined in 2.101, agencies must require offerors to identify used, reconditioned, or remanufactured supplies; or unused former …
  • FAR 12.601 General.
    … This subpart provides optional procedures for— (1) Streamlined evaluation of offers for commercial products or commercial services; and (2) Streamlined solicitation of offers for commercial products or commercial services for use where a…
  • FAR 46.202-1 Contracts for commercial products and commercial services.
    When acquiring commercial products (see part 12), the Government shall rely on contractors' existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practi…
  • 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 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 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 52.232-16 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 8.710 Quality of merchandise.
    … (a) Supplies shall be of the highest quality and equal to similar items available on the commercial market; and (b) Services shall conform to good commercial practices.
  • FAR 12.208 Contract quality assurance.
    Contracts for commercial products shall rely on contractors' existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial product …
  • FAR 46.102 Policy.
    …ined necessary to protect the Government's interest. (b) Supplies or services (including commercial services) tendered by contractors meet contract requirements; (c) Government contract quality assurance is conducted before acceptance (ex…
  • FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices.
    …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 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 52.245-1 Government Property.
    …Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government prope…
  • DFARS 225.7307 Contract clauses.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are for FMS. Insert in paragraph (b)(1) of the clause the name(s) of any foreign country customer(s)…
  • FAR 11.701 Supply contracts.
    …ntage. The overrun or underrun permitted in each contract should be based upon the normal commercial practices of a particular industry for a particular item, and the permitted percentage should be no larger than is necessary to afford a co…
  • 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 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 45.201 Solicitation.
    …d (4) A description of the offeror's property management system, plan, and any customary commercial practices, voluntary consensus standards, or industry-leading practices and standards to be used by the offeror in managing Government prop…
  • DFARS 232.1001 Policy.
    …al defense contractors, are eligible for performance-based payments, consistent with best commercial practices. (d) The contracting officer shall use the following standard payment terms for performance-based payments: The contractor entit…
  • FAR 3.502-2 Subcontractor kickbacks.
    …. (i) Requires each contracting agency to include in each prime contract, other than for commercial products or commercial services, exceeding $200,000, a requirement that the prime contractor shall— (1) Have in place and follow reasonabl…
  • FAR 22.1302 Policy.
    …er prescribed in the regulations of the Secretary of Labor. (b) Except for contracts for commercial products or commercial services, or contracts that do not exceed the simplified acquisition threshold, contracting officers must not obliga…
  • FAR 28.308 Self-insurance.
    … that the combined cost to the Government of self-insurance for workers' compensation and commercial insurance for employer's liability will not exceed the cost of covering both kinds of risk by commercial insurance. (c) Once the administr…
  • FAR 31.105 Construction and architect-engineer contracts.
    …wned or controlled by the contractor or the subcontractor at any tier, or obtained from a commercial rental source, and furnished for use under Government contracts. (i) Allowable ownership and operating costs shall be determined as follow…
  • 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…
  • FAR 42.302 Contract administration functions.
    …-owned, HUBZone, and service-disabled veteran-owned small business subcontracting for its commercial products, or, if there is no currently approved plan, assist the contracting officer in evaluating the plans for those products. (54) Assi…
  • FAR 52.203-13 Contractor Code of Business Ethics and Conduct.
    …rn pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, un…
  • 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 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
    …t costs. (2) If the Contractor furnishes its own materials that meet the definition of a commercial product or commercial service in Federal Acquisition Regulation (FAR) 2.101, the price to be paid for such materials shall not exceed the C…
  • FAR 9.403 Definitions.
    … be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or (2) Conducts business, or reasonably may be expected to conduct business…
  • FAR 23.107-1 Products containing recovered materials.
    …(a), 23.105, and 23.106, respectively). (2) Agencies may use their own specifications or commercial product descriptions when procuring products containing recovered materials; however, the contract should specify that the product is compo…

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.