# 48 CFR § 212.272: 212.272 Preference for certain commercial products and commercial services

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-212.272

## Section

- **Citation:** 48 CFR § 212.272
- **Heading:** 212.272 Preference for certain commercial products and commercial services
- **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

(a) As required by section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), for requirements relating to the acquisition of commercial information technology products and services, see 239.101.
(b)(1) As required by section 876 of the National Defense Authorization Act of Fiscal Year 2017 (Pub. L. 114-328), a contracting officer may not enter into a contract above the simplified acquisition threshold for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services, unless the appropriate official specified in paragraph (b)(2) of this section determines in writing that no commercial services are suitable to meet the agency's needs as provided in 10 U.S.C. 3453(c)(2).
(2) The following officials are authorized to make the determination specified in paragraph (b)(1) of this section:
(i) For contracts above $10 million, the head of the contracting activity, the combatant commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable).
(ii) For contracts in an amount above the simplified acquisition threshold and at or below $10 million, the contracting officer.
[84 FR 39204, Aug. 9, 2019, as amended at 87 FR 76991, Dec. 16, 2022]

## 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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-212.272. Check the current official text before relying on it. Not legal advice.