Authority
Executive Order 14275, Restoring Common Sense to Federal Procurement; Executive Order 14265, Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base; OMB Memorandum M-25-26, Overhauling the Federal Acquisition Regulation
Summary
The deviation requires contracting officers to use revised Federal Acquisition Regulation (FAR) Part 12 and replacement Defense FAR Supplement (DFARS) Part 212 and Procedures, Guidance, and Information (PGI) 212 effective 2026-02-01. These replacements implement Executive Orders 14275 and 14265 and Office of Management and Budget Memorandum M-25-26. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.
Contracting Officer Actions
1
Effective 2026-02-01, use the revised FAR Part 12 from the Revolutionary FAR Overhaul (RFO) web page. It replaces the codified text at 48 CFR chapter 1.
2
Effective 2026-02-01, use the attached DFARS Part 212. It replaces the text codified at 48 CFR chapter 2.
3
Effective 2026-02-01, use the attached DFARS PGI 212. It replaces the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
4
For commercial product or commercial service determinations, search the DoD Commercial Item Database before making a determination.
5
Upload signed commercial product or service determinations to the DoD Commercial Item Database within 30 days of contract award.
6
Include required provisions from Table 212.2 in all solicitations for commercial products and commercial services.
7
Include required clauses from Table 212.3 in all contracts for commercial products and commercial services.
8
Include clauses from Table 212.4 in the specified limited categories of contracts.
9
Do not use FAR 52.204-22, 252.203-7003 or 252.215-7007 in contracts for commercial products and commercial services.
10
Do not use FAR 52.204-21, 252.204-7008, 252.204-7012, 252.204-7019, 252.204-7020, 252.204-7021, 252.205-7000, 252.270-7000, 252.270-7001 or 252.270-7002 in contracts for commercially available off-the-shelf (COTS) items.
11
For non-competitive follow-on acquisitions previously awarded non-competitively, include the documentation required by 206.104-71.
12
Use fixed-price type contracts for awards resulting from a commercial solutions opening (CSO).
13
For CSO contracts above $100 million, obtain senior procurement executive approval before award.
14
Notify congressional defense committees no later than 45 days after awarding a CSO contract valued above $100 million.
15
Apply the prohibition at 223.7402 to purchases at or below the micro-purchase threshold.
16
Do not authorize the Governmentwide commercial purchase card as a payment method when the contract includes FAR 52.229-12 unless it also includes 252.229-7014 indicating full exemption.
17
Insert clause 252.243-7001, Pricing of Contract Modifications, in all bilateral purchase orders.
18
When using FAR 52.213-4, delete the reference to FAR 52.225-1 and insert 252.225-7001 or 252.225-7036 as applicable.
Deviation Duration
The deviation has no fixed expiration date. It remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.
PD2 Clause Logic
See DoD Class Deviation 2023-O0008 for use of the Procurement Desktop-Defense (PD2) clause logic capability to auto-select applicable clauses for commercial acquisitions.
CSO Contracts
A CSO may be used for research and development in conjunction with FAR Part 35 and DFARS Part 235. A CSO is not subject to the limitations at 235.016.
Prior Commercial Determinations
A prior DoD commercial product or commercial service determination serves as the determination for subsequent procurements unless affirmatively overturned through the prescribed review process.
Inquiries
Send questions to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.
Affected Provisions and Clauses
252.209-7021
CLAUSE
Modify clause 252.209-7021
MODIFIED