FAR 12.505 Applicability of certain laws to contracts for the acquisition of COTS items
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 12.505
- Type
- Section
- Last amended
- 86 FR 61017 Effective Dec 6, 2021
- 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
COTS items are a subset of commercial products. Therefore, any laws listed in sections 12.503 and 12.504 are also inapplicable or modified in their applicability to contracts or subcontracts for the acquisition of COTS items. In addition, the following laws are not applicable to contracts for the acquisition of COTS items:
(a)
(1) The portion of 41 U.S.C. 8302 , American Materials Required for Public Use, paragraph (a)(1) that reads “substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States,” Buy American—Supplies, domestic content test, except as provided in 25.101(a)(2)(ii) (see 52.225-1 and 52.225-3).
(2) The portion of 41 U.S.C. 8303, Contracts for Public Works, paragraph (a)(2) that reads “substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States,” Buy American—Construction Materials, domestic content test, except as provided in 25.201(b)(2)(ii)(see 52.225-9 and 52.225-11).
(b) 42 U.S.C. 69 62(c)(3)(A), Certification and Estimate of Percentage of Recovered Material.
(c) Compliance Plan and Certification Requirement, section 1703 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), Title XVII, Ending trafficking in Government Contracting (see 52.222-50(h) and 52.222-56).
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition | Closed Mar 17, 2025No final rule found |
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
- FAR 25.101(a)(2)(ii) General
- FAR 52.225-1 Buy American-Supplies
- FAR 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act
- FAR 25.201(b)(2)(ii) Policy
- FAR 52.225-9 Buy American-Construction Materials
- FAR 52.225-11 Buy American-Construction Materials under Trade Agreements
- FAR 52.222-50(h) Combating Trafficking in Persons
- FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan
Quick answers
What is FAR 12.505?
FAR 12.505 is a section of the Federal Acquisition Regulation, titled "Applicability of certain laws to contracts for the acquisition of COTS items".
When was FAR 12.505 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Revision of Definition of “Commercial Item”" (86 FR 61017), published Nov 4, 2021 and effective Dec 6, 2021.
Are changes to FAR 12.505 proposed?
One proposed change has no final rule yet.
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