Part 5112 - Acquisition of Commercial Items

(Revised 12 January 2024)

Subpart 5112.1 - Acquisition of Commercial Items - General

5112.102 Applicability.

Subpart 5112.2 - Special Requirements for the Acquisition of Commercial Items

5112.207 Contract type.

5112.272 Preference for certain commercial products and services.

Subpart 5112.3 - Solicitation Provisions and Contract Clauses for the Acquisition of Commercial

Items

5112.301 Solicitation provisions and contract clauses for the acquisition of commercial items.

5112.302 Tailoring of provisions and clauses for the acquisition of commercial items.

Subpart 5112.70 - Limitation on Conversion of Procurement from Commercial Acquisition

Procedures

5112.7001 Procedures.

Subpart 5112.1 - Acquisition of Commercial Items - General

5112.102 Applicability.

(a)(i)(B)(3) Section 1244 of the James M. Inhofe National Defense Authorization Act (NDAA) for

Fiscal Year (FY) 2023 as amended by section 1242 of the NDAA for FY 2024. In accordance with

section (C)(4) of Defense Pricing and Contracting Class Deviation 2024- O0005 Temporary

Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel contracting officers

carrying out a procurement of a product or service for a covered contract may treat the product or

service as a commercial product or a commercial service for the purpose of carrying out the

procurement. See AFARS 5153.206-93 Instructions for Congressional Notification Requirement

When Utilizing the Authorities Conferred by paragraphs (B) – (G) of DPC Class Deviation 2024-

O0005—Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel;

Workload Forecasting Instructions for instructions for reporting covered contracts applicable under

this subpart to congressional defense committees.

(a)(ii)(B) The head of the contracting activity shall perform the duties under DFARS

212.102(a)(ii)(B). See Appendix GG for further delegation.

(f) The head of the contracting activity has the authority to make the determination as described in

FAR 12.102(f). See Appendix GG for further delegation.
Subpart 5112.2 - Special Requirements for the Acquisition

of Commercial Items

5112.207 Contract type.

(b)(iii) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has the authority

to make the determination as described in DFARS 212.207(b)(iii). See Appendix GG for further

delegation.

5112.272 Preference for certain commercial products and services.

(b)(2)(i) The head of the contracting activity has the authority to make the determination as

described in DFARS 212.272(b)(2)(i). See Appendix GG for further delegation.

Subpart 5112.3 - Solicitation Provisions and Contract

Clauses for the Acquisition of Commercial Items

5112.301 Solicitation provisions and contract clauses for the acquisition of

commercial items.

(b)(4)(i) The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a nondelegable basis, shall perform the function as described in FAR 12.301(b)(4)(i). See Appendix GG for

further delegation.

5112.302 Tailoring of provisions and clauses for the acquisition of

commercial items.

(c) The head of the contracting activity is the approval authority. See Appendix GG for further

delegation.

Subpart 5112.70 - Limitation on Conversion of Procurement

from Commercial Acquisition Procedures

5112.7001 Procedures.

(a)(1) The head of the contracting activity has the authority to make the determination under DFARS

212.7001(a)(1). See Appendix GG for further delegation.