Applicability of certain laws to contracts for the acquisition of COTS items.
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Title 48 CFR: Federal Acquisition Regulations System › Chapter 2: DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE › Part 212: ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES › Subpart 212.5: Subpart 212.5—Applicability of Certain Laws to the Acquisition of Commercial Products, Commercial Services, and Commercially Available Off-the-Shelf Items › § 212.505: Applicability of certain laws to contracts for the acquisition of COTS items.
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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).
[88 FR 80465, Nov. 17, 2023, as amended at 89 FR 90236, Nov. 15, 2024]
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