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DFARS 212



Part 212—Acquisition of Commercial Items

TABLE OF CONTENTS

(Revised January 31, 2018)

212.001 Definitions.

SUBPART 212.1--ACQUISITION OF COMMERCIAL ITEMS - GENERAL

212.102 Applicability.

SUBPART 212.2--SPECIAL REQUIREMENTS FOR THE ACQUISITION OF
COMMERCIAL ITEMS

212.205 Offers.

212.207 Contract type.

212.209 Determination of price reasonableness.

212.211 Technical data.

212.212 Computer software.

212.270 Major weapon systems as commercial items.

212.271 Limitation on acquisition of right-hand drive passenger sedans.

SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS

212.301 Solicitation provisions and contract clauses for the acquisition of
commercial items.

212.302 Tailoring of provisions and clauses for the acquisition of commercial
items.

SUBPART 212.5--APPLICABILITY OF CERTAIN LAWS TO THE
ACQUISITION OF COMMERCIAL ITEMS

212.503 Applicability of certain laws to Executive Agency contracts for the
acquisition of commercial items.

212.504 Applicability of certain laws to subcontracts for the acquisition of
commercial items.

212.570 Applicability of certain laws to contracts and subcontracts for

SUBPART 212.6--STREAMLINED PROCEDURES FOR EVALUATION AND

212.602 Streamlined evaluation of offers.

SUBPART 212.70--LIMITATION ON CONVERSION OF PROCUREMENT FROM COMMERCIAL ACQUISITION PROCEDURES

212.7000 Scope.

212.7001 Procedures.

SUBPART 212.71—PILOT PROGRAM FOR ACQUISITION OF MILITARY- PURPOSE NONDEVELOPMENTAL ITEMS

212.7100 Scope.

212.7101 Definitions.

212.7102 Pilot program.

212.7102-1 Contracts under the program.

212.7102-2 Reporting requirements.

212.7102-3 Sunset of the pilot authority.

212.7103 Solicitation provision.

SUBPART 212.1—ACQUISITION OF COMMERCIAL ITEMS - GENERAL

(Revised January 31, 2018)

212.102 Applicability.

acquisitions exceeding $1 million in value, except for acquisitions made pursuant to

FAR 12.102(f)(1), the contracting officer shall—

definition in FAR 2.101;

SUBPART 212.2--SPECIAL REQUIREMENTS FOR THE ACQUISITION OF COMMERCIAL ITEMS

(Revised January 31, 2018)

212.205 Offers.

212.207 Contract type.

212.209 Determination of price reasonableness.

212.211 Technical data.

The DoD policy for acquiring technical data for commercial items is at 227.7102.

212.212 Computer software.

212.270 Major weapon systems as commercial items.

The DoD policy for acquiring major weapon systems as commercial items is in Subpart 234.70.

212.271 Limitation on acquisition of right-hand drive passenger sedans.

10 U.S.C. 2253(a)(2) limits the authority to purchase right-hand drive passenger sedans to a cost of not more than $40,000 per vehicle.

SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS

(Revised February 15, 2019 )

212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.

See DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018. This class deviation allows the contracting officer to use the SPS clause logic capability to automatically select the clauses that are applicable to the specific solicitation and contract. The contracting officer shall ensure that the deviation clause is incorporated into these solicitations and contracts because the deviation clause fulfills the statutory requirements on auditing and subcontract clauses applicable to commercial items. The deviation also authorizes adjustments to the deviation clause required by future changes to the clause at 52.212-5 that are published in the FAR. This deviation is effective for five years, or until otherwise rescinded.

Covered Defense Information Controls, as prescribed in 204.7304(a).

Third-Party Contractor Reported Cyber Incident Information, as prescribed in

204.7304(b).

Information and Cyber Incident Reporting, as prescribed in 204.7304(c).

of Information by Litigation Support Offerors, as prescribed in 204.7403(a), to comply

with 10 U.S.C. 129d.

Information by Litigation Support Contractors, as prescribed in 204.7403(b), to comply with 10 U.S.C. 129d.

Information for Litigation Support, as prescribed in 204.7403(c), to comply with

10 U.S.C. 129d.

Use the clause at 252.205-7000, Provision of Information to Cooperative Agreement Holders, as prescribed in 205.470, to comply with 10 U.S.C. 2416.

Use the provision at 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations, as prescribed in 213.106-2-70.

as prescribed at 215.408(2)(i).

Corporation, as prescribed at 215.408(2)(ii).

215.408(3).

215.408(5)(i) to comply with section 831 of the National Defense Authorization Act for

Fiscal Year 2013 (Pub. L. 112-239) and sections 851 and 853 of the National Defense

Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

(DoD Contracts), to comply with 15 U.S.C. 637.

Technologies, Occupational Safety, and Drug-Free Workplace.

Use the clause at 252.223-7008, Prohibition of Hexavalent Chromium, as prescribed in 223.7306.

Metals, as prescribed in 225.7003-5(a)(1), to comply with 10 U.S.C. 2533b.

Articles Containing Specialty Metals, as prescribed in 225.7003-5(a)(2), to comply with

10 U.S.C. 2533b.

Article—Specialty Metals Compliance Certificate, as prescribed in 225.7003-5(b), to

comply with 10 U.S.C. 2533b.

Commodities, as prescribed in 225.7002-3(a), to comply with 10 U.S.C. 2533a.

Measuring Tools, as prescribed in 225.7002-3(b), to comply with 10 U.S.C. 2533a.

Roller Bearings, as prescribed in 225.7009-5, to comply with section 8065 of Pub. L. 107-

117 and the same restriction in subsequent DoD appropriations acts.

225.7017-4(a), to comply with section 846 of Public Law 111-383.

prescribed in 225.7017-4(b), to comply with section 846 of Public Law 111-383.

comply with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note. Alternate I also implements

section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

U.S.C. 2501-2518 and 19 U.S.C. 3301 note.

from Afghanistan, as prescribed in 225.7703-4(a), to comply with section 886 of the

National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

from Afghanistan, as prescribed in 225.7703-4(b), to comply with section 886 of the

National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

Services from Afghanistan, as prescribed in 225.7703-4(c), to comply with section 886 of

the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

Foreign Military Sales, as prescribed in 225.7307(a), to comply with 22 U.S.C. 2779.

Foreign Governments, as prescribed in 225.7307(b), to comply with 22

U.S.C. 2755.

Afghan Military or Afghan National Police, as prescribed in 225.7703-4(d).

prescribed in 225.7605, to comply with 10 U.S.C. 2410i.

Agreements—Balance of Payments Program Certificate, to comply with 41 U.S.C.

chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also implement section

886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

Agreements—Balance of Payments Program to comply with 41 U.S.C. chapter 83 and

19 U.S.C. 3301 note. Alternates II, III, and V also implement section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

Breakers, as prescribed in 225.7006-4(a), to comply with 10 U.S.C. 2534(a)(3).

Breakers, as prescribed in 225.7006-4(b), to comply with 10 U.S.C. 2534(a)(3).

Private Security Functions Outside the United States, as prescribed in 225.302-6, to

comply with section 2 of Pub. L. 110-181, as amended.

Armed Forces Deployed Outside the United States, as prescribed in 225.371-5(a).

for Defense Contractors Outside the United States, as prescribed in225.372-2.

by the Government of a Country that is a State Sponsor of Terrorism, as prescribed in

225.771-5, to comply with 10 U.S.C. 2327(b).

Use the clause at 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, as prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts.

Computing, as prescribed in 239.7604(a).

in 239.7604(b).

prescribed in 239.7306(a), to comply with 10 U.S.C. 2339a.

239.7306(b), to comply with 10 U.S.C. 2339a.

Use the clause at 252.243-7002, Requests for Equitable Adjustment, as prescribed in 243.205-71, to comply with 10 U.S.C. 2410.

Use the clause at 252.244-7000, Subcontracts for Commercial Items, as prescribed in 244.403.

as prescribed in 246.370(a).

amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015

(Pub. L. 113-291) and section 885 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

in 247.574(c), to comply with 10 U.S.C. 2631(b).

Domestic Shipyards—Applicable to Acquisition of Carriage by Vessel for DoD Cargo in

the Coastwise or Noncontiguous Trade, as prescribed in 247.574(d), to comply with

section 1017 of Pub. L. 109-364.

prescribed in 247.574(f), to comply with section 3504 of the National Defense

Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).

Shipping Documentation/Instructions, as prescribed in 247.207.

212.302 Tailoring of provisions and clauses for the acquisition of commercial items.

The head of the contracting activity is the approval authority within the DoD for waivers under FAR 12.302(c).

SUBPART 212.5--APPLICABILITY OF CERTAIN LAWS TO THE ACQUISITION OF COMMERCIAL ITEMS

(Revised December 7, 2011)

212.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.

212.504 Applicability of certain laws to subcontracts for the acquisition of commercial items.

212.570 Applicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the-shelf items.

Paragraph (a)(1) of 10 U.S.C. 2533b, Requirement to buy strategic materials critical to national security from American sources, is not applicable to contracts and subcontracts for the acquisition of commercially available off-the-shelf items, except as provided at 225.7003-3(b)(2)(i).

SUBPART 212.6--STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS

(Revised August 28, 2007)

212.602 Streamlined evaluation of offers.

SUBPART 212.70—LIMITATION ON CONVERSION OF PROCUREMENT FROM COMMERCIAL ACQUISITION PROCEDURES

(Added January 31, 2018)

212.7000 Scope.

This subpart implements section 856 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

212.7001 Procedures.

SUBPART 212.71—PILOT PROGRAM FOR ACQUISITION OF MILITARY-PURPOSE NONDEVELOPMENTAL ITEMS

(Revised November 4, 2016)

212.7100 Scope.

This subpart establishes the pilot program authorized by section 866 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383), as modified by section 892 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

212.7101 Definitions.

As used in this subpart—

“Military-purpose nondevelopmental item” means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense. An item shall not be considered to be developed at private expense if development of the item was paid for in whole or in part through—

“Nondevelopmental item” is defined in FAR 2.101 and also includes previously developed items of supply that require modifications other than those customarily available in the commercial marketplace if such modifications are consistent with the requirement at 212.7102-1(c)(1).

212.7102 Pilot program.

212.7102-1 Contracts under the program.

The contracting officer may utilize this pilot program to enter into contracts for the acquisition of military-purpose nondevelopmental items. See PGI 212.7102 for file documentation requirements. Each contract entered into under the pilot program shall—

212.7102-2 Reporting requirements.

Departments and agencies shall prepare a consolidated annual report to provide information about contracts awarded under this pilot authority. The report shall be submitted to the Office of the Deputy Director, Defense Procurement and Acquisition Policy (Contract Policy and International Contracting), by October 31 each year in accordance with the procedures at PGI 212.7102. See PGI 212.7102 for annual reporting format.

212.7102-3 Sunset of the pilot authority.

December 31, 2019.

212.7103 Solicitation provision.

Use the provision at 252.212-7002, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, in solicitations when use of the pilot program is planned and the applicability criteria of 212.7102-1 are met.

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