FAR 12.102—Applicability.

Use Part 12 for commercial buys

Part 12 applies only when the acquisition is for supplies or services that meet the FAR 2.101 definitions of commercial product or commercial service. If the item does not fit those definitions, Part 12 is not the governing framework.

Combine with Parts 13, 14, or 15

Contracting officers must use Part 12 together with the solicitation, evaluation, and award procedures in Part 13, 14, or 15, depending on the acquisition method. Part 12 does not replace those procedures; it overlays commercial-item policies on top of them.

Part 12 controls over conflicts

Commercial acquisitions remain subject to other FAR parts, but when another FAR policy conflicts with Part 12, Part 12 takes precedence. This makes Part 12 the controlling policy set for commercial products and services when inconsistency exists.

Governmental purposes explained

The phrase “purposes other than governmental purposes” in the commercial product definition means uses that are not unique to government. This helps distinguish commercial items from items designed solely for government-specific needs.

Part 12 exclusions

Part 12 does not apply to acquisitions at or below the micro-purchase threshold, purchases using SF 44, imprest fund purchases, use of the Governmentwide commercial purchase card as a purchasing method, or direct purchases from another Federal agency. These transactions are handled under other streamlined or interagency authorities.

Special cyber-defense authority

A contracting officer may treat certain supplies or services used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack as commercial products or services if the agency head makes that determination. This is an exception intended to speed procurement for critical defensive capabilities.

High-dollar sole-source safeguard

If a contract over $25 million is sole-source and relies on the special cyber-defense treatment, but the item does not actually meet the commercial definition, the contract is not exempt from cost accounting standards or certified cost or pricing data requirements. This prevents the special authority from being used to avoid key pricing and accounting controls.

Contracting Officer

Determine whether the supplies or services meet the commercial product or commercial service definitions, apply Part 12 only when appropriate, and use Part 12 together with the correct solicitation and award procedures from Parts 13, 14, or 15. The contracting officer must also recognize when Part 12 does not apply, identify conflicts with other FAR parts, and ensure the correct pricing and accounting requirements are applied.

Head of the Agency

Make the determination required to allow certain cyber-, nuclear-, biological-, chemical-, or radiological-defense-related supplies or services to be treated as commercial under paragraph (f). This agency-level judgment is the trigger for use of the special authority.

Agency Acquisition Personnel

Use the correct acquisition method and payment mechanism, avoid misapplying Part 12 to excluded transactions, and ensure interagency or small-purchase procedures are followed when Part 12 is inapplicable. They must also support proper documentation of the commercial-item determination and any special treatment under paragraph (f).

Contractor

Provide accurate information about whether offered supplies or services meet the commercial definitions and, when applicable, support pricing, cost accounting, and commerciality representations. For large sole-source awards under the special cyber authority, contractors must be prepared to comply with cost accounting standards and certified cost or pricing data requirements if the item is not truly commercial.