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 “off-the-shelf”: the first 40
- 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…
- 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 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.…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) A commercial product …
- DFARS 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.…ficate—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 country,” “Free Trade Ag…
- DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program.…idental 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 (as defined in paragraph…
- DFARS 252.225-7045 Balance of Payments Program—Construction Material Under Trade Agreements.…terial 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 defined in paragraph…
- DFARS 252.225-7001 Buy American and Balance of Payments Program.…rogram—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 (as defined in paragraph…
- DFARS 252.225-7021 Trade Agreements.…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 (as defined in paragraph …
- DFARS 252.225-7044 Balance of Payments Program—Construction Material.…terial—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 (as defined in paragraph…
- FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.…at 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 States” are defined in the…
- FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.…25) (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)(i) 52.223-9, Estimate …
- FAR 52.222-50 Combating Trafficking in Persons.…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 defined in paragraph (…
- DFARS 234.7002 Policy.…(b) Subsystems. A subsystem of a major weapon system (other than a commercially available off-the-shelf item) shall be treated as a commercial product and acquired under procedures established for the acquisition of commercial products if— …
- DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.… 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 definition of “commercial pr…
- FAR 9.405-2 Restrictions on subcontracting.…y subcontract in excess of $45,000, other than a subcontract for a commercially available off-the-shelf item, with a contractor that has been debarred, suspended, proposed for debarment, or voluntarily excluded, unless there is a compelling…
- FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.…g 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 clause 52.222-50). (b) The…
- FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services.… 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 of commercial products …
- DFARS 204.7304 Solicitation provisions and contract clauses.…l 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 Reported Cyber Inciden…
- DFARS 225.7018-3 Exceptions.… (c) Of an end item containing a covered material that is— (1) A commercially available off-the-shelf item (but see PGI 225.7018-3(c)(1) with regard to commercially available samarium-cobalt magnets), other than— (i) A commercially avail…
- DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate.…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 country, qualifying cou…
- DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.…ernmental 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 definition of “commercial pro…
- DFARS 252.225-7010 Commercial Derivative Military Article—Specialty Metals Compliance Certificate.…UL 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 clause of this solicitation…
- FAR 2.101 Definitions.… 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 (as defined in paragraph …
- FAR 4.1902 Applicability.…isitions 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.…isitions of commercial products and commercial services, including commercially available off-the-shelf items.
- FAR 12.500 Scope of subpart.…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 applicability to either…
- FAR 15.407-2 Make-or-buy programs.…erty to produce. Raw materials, commercial products, commercial services (see 2.101), and off-the-shelf items (see 46.101) shall not be included, unless their potential impact on contract cost or schedule is critical. Normally, make-or-buy …
- FAR 22.1605 Contract clause.…ing 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, include the clause only …
- FAR 22.1701 Applicability.…f 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; and (2) Has an estimated…
- FAR 22.1705 Solicitation provision and contract clause.…de the United States; and (2) The acquisition is not entirely for commercially available off-the-shelf items.
- 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 22.1803 Contract clause.…d 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 definition of “commercial pr…
- FAR 23.100 Scope of subpart.…2 procedures for the acquisition of commercial products, including commercially available off-the-shelf (COTS) items, and commercial services and acquisitions valued at or below the micro-purchase threshold.
- FAR 25.001 General.…est). The domestic content test has been waived for acquisition of commercially available off-the-shelf (COTS) items, except a product that consists wholly or predominantly of iron or steel or a combination of both (excluding COTS fasteners…
- FAR 25.003 Definitions.…gin are treated as foreign; or (2) The construction material is a commercially available off-the-shelf (COTS) item; or (ii) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a const…
- FAR 25.100 Scope of subpart.…mestic content test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907, but see 25.101(a)(2)(ii). (b) It applies to supplies acquired for use in the United Sta…
- FAR 25.200 Scope of subpart.…estic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907, but see 25.201(b)(2)(ii). (b) It applies to contracts for the construction, alteration,…
- FAR 27.409 Solicitation provisions and contract clauses…s in the exact form in which the items exist prior to the request for purchase (i.e., the off-the-shelf purchase of such items), or in other contracts where only existing data available without disclosure prohibitions is to be furnished, if…
- FAR 43.105 Availability of funds.…ion threshold or to acquisitions of commercial products, including commercially available off-the-shelf items, and commercial services.
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.