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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57 sections with “commercially available off-the-shelf items”: the first 40
- DFARS 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items.Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, the provisions and clauses listed in 212.370 as not applicable to contracts or subcontracts for the acquisition of commercial products are als…
- DFARS 212.370 Inapplicability of certain provisions and clauses to contracts and subcontracts for the acquisition of commercial products, commercial services, and commercially available off-the-shelf items.The following provisions and clauses, not expressly authorized in law, are not applicable to contracts for the acquisition of commercial products and commercial services: (a) FAR 52.204-22, Alternative Line Item Proposal. (b) 252.203-7003…
- FAR 12.103 Commercially available off-the-shelf (COTS) items.Commercially available off-the-shelf (COTS) items are defined in 2.101. Unless indicated otherwise, all of the policies that apply to commercial products also apply to COTS items. Section 12.505 lists the laws that are not applicable to COT…
- 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…
- DFARS 252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations.…e acquisition of covered items, including subcontracts for commercial products, including commercially available off-the-shelf items, and commercial services. (End of clause)
- FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.…ty Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __(41)…
- FAR 52.222-50 Combating Trafficking in Persons.…any sex act on account of which anything of value is given to or received by any person. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as…
- DFARS 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.… Payments Program Certificate—Basic (FEB 2024) (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement c…
- 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 252.225-7045 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 (…
- FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.… Certification Regarding Trafficking in Persons Compliance Plan (OCT 2025) (a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clau…
- FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services.…5) (a) Definitions. As used in this clause— Commercial product, commercial service, and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101. Subcontract includes a transfer …
- DFARS 212.505 Applicability of certain laws to contracts for the acquisition of COTS items.Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, any laws listed at FAR 12.503, FAR 12.504, 212.503, or 212.504 are also not applicable or are modified in their applicability to contracts for…
- 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 252.225-7010 Commercial Derivative Military Article—Specialty Metals Compliance Certificate.…mpliance Certificate (JUL 2009) (a) Definitions. Commercial derivative military article, commercially available off-the-shelf item, produce, required form, and specialty metal, as used in this provision, have the meanings given in the clau…
- 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 252.225-7044 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 (…
- FAR 4.1902 Applicability.…sitions, including acquisitions of commercial products or commercial services, other than commercially available off-the-shelf items, when a contractor's information system may contain Federal contract information.
- FAR 9.110-4 Procedures.…on threshold or to acquisitions of commercial products and commercial services, including commercially available off-the-shelf items.
- FAR 22.1605 Contract clause.…s and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions— (1) Under the simplified acquisition threshold. For indefinite-quantity contracts, i…
- FAR 22.1705 Solicitation provision and contract clause.… may be performed outside the United States; and (2) The acquisition is not entirely for commercially available off-the-shelf items.
- FAR 22.1803 Contract clause.…s; (b) Are for a period of performance of less than 120 days; or (c) Are only for— (1) Commercially available off-the-shelf items; (2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of defin…
- FAR 43.105 Availability of funds.…the simplified acquisition threshold or to acquisitions of commercial products, including commercially available off-the-shelf items, and commercial services.
- FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems.…ubcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its in…
- FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.…omestic end products that contain a critical component (see FAR 25.105). (iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” and “United Sta…
- DFARS § 205.470 205.470 Contract clause.…commercial services, except for solicitations and contracts solely for the acquisition of commercially available off-the-shelf items, that are expected to exceed $1.5 million. This clause implements 10 U.S.C. 4957.
- DFARS 222.7403 Applicability.…oes not apply to the acquisition of commercial products or commercial services (including commercially available off-the-shelf items).
- DFARS 222.7405 Contract clause.…priations acts, except in contracts for the acquisition of commercial products, including commercially available off-the-shelf items, or commercial services.
- DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.…subcontracts for the acquisition of commercial products or commercial services (excluding commercially available off-the-shelf items). (2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the…
- DFARS 252.204-7021 Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements.…uding those for the acquisition of commercial products and commercial services, excluding commercially available off-the-shelf items, if the subcontract or other contractual instrument will contain a requirement to process, store, or transm…
- DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.… subcontract for the acquisition of commercial products or commercial services, including commercially available off-the-shelf items. Subcontract means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supp…
- DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.…ral public or by nongovernmental entities for purposes other than governmental purposes. Commercially available off-the-shelf item— (i) Means any item of supply that is— (A) A commercial product (as defined in paragraph (1) of the defini…
- 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 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.… in subcontracts including subcontracts for commercial products, commercial services, and commercially available off-the-shelf items.
- DFARS 204.7304 Solicitation provisions and contract clauses.… products and commercial services, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items. (b) Use the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor…
- 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 252.225-7000 Buy American—Balance of Payments Program Certificate.… Buy American—Balance of Payments Program Certificate—Basic (FEB 2024) (a) Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying …
- FAR 2.101 Definitions.…ferred between or among separate divisions, subsidiaries, or affiliates of a contractor. Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is— (i) A commercial product (a…
- FAR 12.500 Scope of subpart.…ercial services; and (3) Contracts and subcontracts, at any tier, for the acquisition of commercially available off-the-shelf (COTS) items. (b) This subpart also lists provisions of law that have been amended to eliminate or modify their …
- FAR 22.1701 Applicability.…s only to any portion of a contract or subcontract that— (1) Is for supplies, other than commercially available off-the-shelf (COTS) items, to be acquired outside the United States, or services to be performed outside the United States; an…
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.