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PGI 212.7203: Applicability of certain laws to contracts for the acquisition of COTS items. Commercially available off-the-shelf (COTS) items are a subset of commercial products.

R-DFARS PGI › Part 212 › PGI 212.7203 · issued under 2026-O0028

Deviated Text
This text comes from the Word attachment to class deviation 2026-O0028, not from acquisition.gov. The deviation memo directs contracting officers to use it in place of the codified PGI. The source attachment linked below is authoritative.

Text

Therefore, any laws listed at https://www.acquisition.gov/inapplicable laws, PGI 212.7201, or 212.7202 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 https://www.acquisition.gov/inapplicable laws 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).

Sources: Deviation attachment (.docx) · Codified PGI 212.7203