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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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69 sections with “commercial product and commercial service exception”: the first 40

  • 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 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …s prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that co…
  • 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 52.215-20 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 52.204-25 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 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 15.408 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…
  • 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 215.408 Solicitation provisions and contract clauses.
    …d on the basis of certified cost or pricing data. (2) When contracting with the Canadian Commercial Corporation— (i)(A) Use the provision at 252.215-7003, Requirement for Submission of Data Other Than Certified Cost or Pricing Data—Canadi…
  • DFARS 216.601 Time-and-materials contracts.
    …priate; for contracts (including indefinite-delivery contracts) and orders for other than commercial products or commercial services awarded to contractors with adequate accounting systems, a cost-plus-fixed-fee term contract type shall be …
  • DFARS 225.7003-5 Solicitation provision and contract clauses.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that— (i) Exceed the simplified acquisition threshold; and (ii) Require the delivery of specialty metal…
  • 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 47.504 Exceptions.
    …ion prohibits the use of non-Government vessels. (d) Subcontracts for the acquisition of commercial products, including commercial components, or commercial services(see 12.504(a)(1) and (a)(11)). This exception does not apply to— (1) Gra…
  • DFARS 225.7020-5 Solicitation provision and contract clause.
    …olicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that include the clause at 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime…
  • 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 …
  • DFARS 215.371-4 Exceptions.
    …uisitions of architect-engineer services (see FAR 36.601-2); or (6) Acquisitions under a commercial solutions opening pursuant to subpart 212.70. (7) Acquisitions of commercial products and commercial services using FAR part 12 procedures…
  • 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 13.105 Synopsis and posting requirements.
    …requirements of 5.101 and 5.203 unless an exception in 5.202 applies. (b) When acquiring commercial products or commercial services,or supplies or services produced in accordance with 12.102(f)(1), the contracting officer may use a combine…
  • FAR 15.209 Solicitation provisions and contract clauses.
    …al public, plus any applicable reasonable connection charge; or (iii) The acquisition of commercial products or commercial services exempted under 15.403-1. (2)(i) When using funds appropriated or otherwise made available by the American …
  • 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 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 25.1103 Other provisions and clauses.
    … contracting officer shall include in each solicitation for the acquisition of other than commercial products or commercial services the provision at 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification…
  • FAR 32.504 Subcontracts under prime contracts providing progress payments.
    … criteria in subpart 32.5 for customary progress payments, but not both. Subcontracts for commercial purchases may include commercial product or commercial service purchase financing terms, provided they meet the criteria in 32.202-1. (b) …
  • 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 52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.
    …acts at or below the simplified acquisition threshold or contracts for the acquisition of commercial products and commercial services; and (2) The Government will terminate this contract for default for the institution's material failure t…
  • 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 52.232-7 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 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…
  • DFARS 225.1101 Acquisition of supplies.
    …solicitation, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that includes the basic or the alternate of the clause at 252.225-7001, Buy American and Balance of Payme…
  • DFARS 225.1103 Other provisions and clauses.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, involving the delivery of items covered by the United States Munitions List or the 600 series of the Comm…
  • DFARS 225.7002-3 Contract clauses.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services. (b) Use the clause at 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools, in solicitati…
  • DFARS 225.7004-7 Contract clauses.
    …including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that exceed the simplified acquisition threshold and that require welded shipboard anchor or mooring chai…
  • DFARS 225.7202 Exception.
    This subpart does not apply to contracts for commercial products, commercial services, construction, ores, natural gas, utilities, petroleum products and crudes, timber (logs), or subsistence.
  • FAR 5.202 Exceptions.
    …ction is made under conditions described in 6.302-3, or 6.302-5 with regard to brand name commercial productsfor authorized resale, or 6.302-7, and advance notice is not appropriate or reasonable; (11) The proposed contract action is made …
  • FAR 23.107-2 Biobased products.
    …(a), 23.105, and 23.106, respectively). (2) Agencies may use their own specifications or commercial product descriptions when procuring biobased products; however, the contract should specify that the biobased product is composed of the— …
  • DFARS 223.7104 Exceptions.
    …rage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency. (9) The storage of any material that is not owned by DoD, if the Secretary of…
  • DFARS 225.7002-2 Exceptions.
    … include— (i) Draperies, floor coverings, furnishings, and bedding PSG 72, Household and Commercial Furnishings and Appliances); (ii) Items made in whole or in part of fabric in PSG 83, Textile/leather/furs/apparel/findings/tents/flags, o…

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.