FAR 12.102 Applicability
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 12.102
- Type
- Section
- Last amended
- 90 FR 41872 Effective Oct 1, 2025
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- 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
(a) This part shall be used for the acquisition of supplies or services that meet the definitions of “commercial product” or “commercial service” at 2.101.
(b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition.
(c) Contracts for the acquisition of commercial products or commercial services are subject to the policies in other parts of the FAR. When a policy in another part of the FAR is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial products or commercial services.
(d) The definition of commercial product uses the phrase “purposes other than governmental purposes”. These purposes are those that are not unique to a government.
(e) This part shall not apply to the acquisition of commercial products or commercial services—
(1) At or below the micro-purchase threshold;
(2) Using the Standard Form 44 (see 13.306);
(3) Using the imprest fund (see 13.305);
(4) Using the Governmentwide commercial purchase card as a method of purchase rather than only as a method of payment; or
(5) Directly from another Federal agency.
(f)
(1) Contracting officers may treat any acquisition of supplies or services that, as determined by the head of the agency, are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, as an acquisition of commercial products or commercial services.
(2) A contract in an amount greater than $25 million that is awarded on a sole source basis for a product or service treated as a commercial product or commercial service under paragraph (f)(1) of this section but does not meet the definition of a commercial product or commercial service at 2.101 shall not be exempt from—
(i) Cost accounting standards (see subpart 30.2); or
(ii) Certified cost or pricing data requirements (see 15.403).
Federal Register history
Show all 18
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 | Closed Oct 19, 2026No final rule found |
Sections cited
- FAR 2.101 Definitions
- FAR Part 13 Simplified Acquisition Procedures
- FAR Part 14 Sealed Bidding
- FAR Part 15 Contracting by Negotiation
- FAR Part 12 Acquisition of Commercial Products and Commercial Services
- FAR 13.306 SF 44, Purchase Order-Invoice-Voucher
- FAR 13.305 Imprest funds and third party drafts
- FAR Subpart 30.2 CAS Program Requirements
- FAR 15.403 Obtaining certified cost or pricing data
Quick answers
What is FAR 12.102?
FAR 12.102 is a section of the Federal Acquisition Regulation, titled "Applicability".
When was FAR 12.102 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds" (90 FR 41872), published Aug 27, 2025 and effective Oct 1, 2025.
Are changes to FAR 12.102 proposed?
One proposed change has no final rule yet.
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