DFARS 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items
Section Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 212.371
- Type
- Section
- Supplements
- FAR Subpart 12.3 Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Products and Commercial Services
- Last amended
- 89 FR 90233 Effective Nov 25, 2024
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
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 also not applicable to contracts or subcontracts for the acquisition of COTS items. In addition, the following provisions and clauses published after October 13, 1994, not expressly authorized in law, are not applicable or are modified in their applicability to contracts for the acquisition of COTS items:
(a) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems.
(b) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.
(c) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(d) 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements.
(e) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements.
(f) 252.204-7021, Cybersecurity Maturity Model Certification Requirements.
(g) 252.205-7000, Provision of Information to Cooperative Agreement Holders.
(h) 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
(i) 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
(j) 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
Federal Register history
Sections cited
- 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
- FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
Quick answers
What is DFARS 212.371?
DFARS 212.371 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items".
When was DFARS 212.371 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074)" (89 FR 90233), published Nov 15, 2024 and effective Nov 25, 2024.
Are changes to DFARS 212.371 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
On GovTribe
Follow the rules behind federal contracts
- Search Federal Register rules and proposed rules for the FAR, DFARS and agency supplements
- Solicitations, awards and government files in one search
- Ask GovTribe AI about the rules that apply to a contract