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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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103 sections with “commercial sources”: the first 40

  • 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 213.301 Governmentwide commercial purchase card.
    …e procedures at PGI 213.301 for authorizing, establishing, and operating a Governmentwide commercial purchase card program. (1) “United States,” as used in this section, means the 50 States and the District of Columbia, the Commonwealth of…
  • DFARS 227.7203-2 Acquisition of other than commercial computer software and computer software documentation and associated rights.
    …h deliverable item; and (6) Specify in the negotiated terms that any required other than commercial computer software, related recorded information, and associated license rights identified in the assessment of life-cycle needs in paragrap…
  • 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 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 9.106-1 Conditions for preaward surveys.
    …ation on hand or readily available to the contracting officer, including information from commercial sources, is not sufficient to make a determination regarding responsibility. In addition, if the contemplated contract will have a fixed pr…
  • 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 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 15.403-3 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 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 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 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 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 39.205 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 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.
    …r source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service…
  • 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…
  • DFARS 213.270 Use of the Governmentwide commercial purchase card.
    Use the Governmentwide commercial purchase card as the method of purchase and/or method of payment for purchases valued at or below the micro-purchase threshold. This policy applies to all types of contract actions authorized by the FAR unl…
  • 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 225.7703-4 Solicitation provisions and contract clauses.
    …olicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that provide a preference for products or services from Afghanistan in accordance with 225.7703-1(a)(1). …
  • DFARS 227.7103-5 Government rights.
    …ose rights are defined in the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services. In unusual situations, the standards rights may not satisfy the Government's needs or the Government may …
  • DFARS 227.7103-17 Overseas contracts with foreign sources.
    …s subsection), in lieu of the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, when the Government requires the unrestricted right to use, modify, reproduce, perform, display, release,…
  • DFARS 227.7203-17 Overseas contracts with foreign sources.
    …graph (c) of this subsection) in lieu of the clause at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, when the Government requires the unrestricted right to use, mo…
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …tion, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled te…
  • 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 252.217-7026 Identification of Sources of Supply.
    …a. (2) If there is no national stock number, list “none”.; (3) Use “Y” if the item is a commercial product or commercial service; otherwise use “N.” If “Y” is listed, the Offeror need not complete the remaining columns in the table. (4) …
  • 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 252.225-7021 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 (…
  • FAR 8.405-6 Limiting sources.
    … set out in Executive Order 12600 “Predisclosure Notification Procedures for Confidential Commercial Information” does not apply, if the justification appears to contain proprietary data, the contracting officer should provide the contracto…
  • FAR 8.603 Purchase priorities.
    …Industries, Inc. (41 U.S.C. 8504). (2) AbilityOne participating nonprofit agencies. (3) Commercial sources. (b) Services. (1) AbilityOneparticipating nonprofit agencies. (2) Federal Prison Industries, Inc., or commercial sources.
  • FAR 8.704 Purchase priorities.
    …ustries, Inc. (41 U.S.C. 8504). (ii) AbilityOne participating nonprofit agencies. (iii) Commercial sources. (2) Services: (i) AbilityOne participating nonprofit agencies. (ii) Federal Prison Industries, Inc., or commercial sources. (b…
  • FAR 8.705-4 Compliance with orders.
    … that it reallocate the order, or grant a purchase exception authorizing acquisition from commercial sources. (c) When an AbilityOne participating nonprofit agency fails to perform under the terms of an order, the ordering office shall mak…
  • FAR 8.706 Purchase exceptions.
    (a) Ordering offices may acquire supplies or services on the Procurement List from commercial sources only if the acquisition is specifically authorized in a purchase exception granted by the designated central nonprofit agency. (b) The ce…
  • FAR 53.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, and 1449, and OF's 336, 347, and 348).
    …/95), Request for Quotations, or SF 1449 (Rev. NOV 2021), Solicitation/Contract/Order for Commercial Products and Commercial Services. SF 18 is prescribed for use in obtaining price, cost, delivery, and related information from suppliers as…
  • DFARS 204.7301 Definitions.
    …tion, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled te…
  • 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 (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.