§ 212.505 - Applicability of certain laws to contracts for the acquisition of COTS items.

212.505 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. Therefore, any laws listed at FAR 12.503, FAR 12.504, 212.503, or 212.504 are also not applicable or 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,

is not applicable to contracts and subcontracts for the acquisition of commercially available off-the-shelf items,

except as provided at 225.7003–3(b)(2)(i).

(

b

3) Paragraph (a)(1) of 10 U.S.C. 4872, Prohibition on acquisition of sensitive materials from non-allied foreign nations,

is not applicable to contracts and subcontracts for the acquisition of commercially available off-the-shelf items,

except as provided at 225.7018–3(c)(1).

[74 88 FR 37636, July 29, 2009. Redesignated at 86 FR 59870, Oct. 29, 2021. Amended at 87 FR 52347, Aug. 25, 2022; 87 FR 76992, Dec. 16, 202280465, Nov. 17, 2023]