DFARS 212.505 Applicability of certain laws to contracts for the acquisition of COTS items
Section Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 212.505
- Type
- Section
- Supplements
- FAR 12.505 Applicability of certain laws to contracts for the acquisition of COTS items
- 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, 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 the acquisition of COTS items. In addition to the laws listed at FAR 12.505 as specifically not applicable to COTS items, the following laws are not applicable to contracts for the acquisition of COTS items:
(1) 10 U.S.C. 391, Reporting on Cyber Incidents with Respect to Networks and Information Systems of Operationally Critical Contractors and Certain Other Contractors, and 10 U.S.C. 393, Reporting on Penetrations of Networks and Information Systems of Certain Contractors.
(2) Paragraph (a)(1) of 10 U.S.C. 4863, Requirement to buy strategic materials critical to national security from American sources, except as provided at 225.7003-3 (b)(2)(i).
(3) Paragraph (a)(1) of 10 U.S.C. 4872, Prohibition on acquisition of sensitive materials from non-allied foreign nations, except as provided at 225.7018-3 (c)(1).
Federal Register history
Sections cited
- FAR 12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services
- FAR 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services
- DFARS 212.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services
- DFARS 212.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services
- FAR 12.505 Applicability of certain laws to contracts for the acquisition of COTS items
- DFARS 225.7003-3(b)(2)(i) Exceptions
- DFARS 225.7018-3(c)(1) Exceptions
Quick answers
What is DFARS 212.505?
DFARS 212.505 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Applicability of certain laws to contracts for the acquisition of COTS items".
When was DFARS 212.505 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 212.505 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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