# 48 CFR § 212.207: 212.207 Contract type

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-212.207

## Section

- **Citation:** 48 CFR § 212.207
- **Heading:** 212.207 Contract type
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE > SUBCHAPTER B—ACQUISITION PLANNING > PART 212—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES > Subpart 212.2—Special Requirements for the Acquisition of Commercial Products and Commercial Services

## Text

(b) In accordance with section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), use of time-and-materials and labor-hour contracts for the acquisition of commercial services is authorized only for the following:
(i) Services acquired for support of a commercial product, as described in paragraph (1) of the definition of commercial service at FAR 2.101 (41 U.S.C. 103a).
(ii) Emergency repair services.
(iii) Any other commercial services only to the extent that the head of the agency concerned approves a written determination by the contracting officer that—
(A) The services to be acquired are commercial services as defined in paragraph (2) of the definition of commercial service at FAR 2.101 (41 U.S.C. 103a);
(B) If the services to be acquired are subject to FAR 15.403-1(c)(3)(ii), the offeror of the services has submitted sufficient information in accordance with that subsection;
(C) Such services are commonly sold to the general public through use of time-and-materials or labor-hour contracts; and
(D) The use of a time-and-materials or labor-hour contract type is in the best interest of the Government.
[74 FR 34264, July 15, 2009, as amended at 74 FR 35826, July 21, 2009; 76 FR 21812, Apr. 19, 2011; 76 FR 58136, Sept. 20, 2011; 87 FR 15817, Mar. 18, 2022; 88 FR 6582, Jan. 31, 2023; 89 FR 66285, Aug. 15, 2024]

## Nearby sections

- [48 CFR § 212.102 212.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.102.md)
- [48 CFR § 212.203 212.203 Procedures for solicitation, evaluation, and award.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.203.md)
- [48 CFR § 212.207 212.207 Contract type.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.207.md)
- [48 CFR § 212.209 212.209 Determination of price reasonableness.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.209.md)
- [48 CFR § 212.211 212.211 Technical data.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.211.md)
- [48 CFR § 212.212 212.212 Computer software.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.212.md)
- [48 CFR § 212.270 212.270 Major weapon systems as commercial products.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.270.md)
- [48 CFR § 212.271 212.271 Limitation on acquisition of right-hand drive passenger sedans.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.271.md)
- [48 CFR § 212.272 212.272 Preference for certain commercial products and commercial services.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.272.md)
- [48 CFR § 212.301 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.301.md)
- [48 CFR § 212.302 212.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.302.md)
- [48 CFR § 212.370 212.370 Inapplicability of certain provisions and clauses to contracts and subcontracts for the acquisition of commercial products, commercial services, and commercially available off-the-shelf items.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.370.md)
- [48 CFR § 212.371 212.371 Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.371.md)
- [48 CFR § 212.503 212.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.](https://www.frixlaw.com/law-library/statutes/ecfr-48-212.503.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-212.207. Check the current official text before relying on it. Not legal advice.