DFARS 212.371 — Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items
Regulatory text. Not legal advice.
Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, the provisions and clauses listed in DFARS 212.370 as not applicable to contracts or subcontracts for the acquisition of commercial products are also not applicable to contracts or subcontracts for the acquisition of COTS items. In addition, the following provisions and clauses published after October 13, 1994, not expressly authorized in law, are not applicable or are modified in their applicability to contracts for the acquisition of COTS items:
(a)
(a) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems.
(b)
(b) DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.
(c)
(c) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(d)
(d) DFARS 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements.
(e)
(e) DFARS 252.204-7020, NIST SP 800-171 DoD Assessment Requirements.
(f)
(f) DFARS 252.204-7021, Cybersecurity Maturity Model Certification Requirements.
(g)
(g) DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders.
(h)
(h) DFARS 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
(i)
(i) DFARS 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
(j)
(j) DFARS 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
Citation history: [88 FR 80464, Nov. 17, 2023, as amended at 89 FR 82186, Oct. 10, 2024; 89 FR 90236, Nov. 15, 2024]
Source: eCFR • Pulled 2026-04-16