---
kind: "section"
citation: "48 C.F.R. § 212.207"
title: "48"
number: "212.207"
heading: "Contract type."
url: "https://uscodex.org/cfr/48/212.207"
---

# §212.207. Contract type.

- (b) **In accordance with section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Pub.** L. 110-181), use of time-and-materials and labor-hour contracts for the acquisition of commercial services is authorized only for the following:
- (i) Services acquired for support of a commercial product, as described in paragraph (1) of the definition of commercial service at FAR 2.101 ([41 U.S.C. 103a](/usc/41/103a.md)).
- (ii) **Emergency repair services.**
- (iii) Any other commercial services only to the extent that the head of the agency concerned approves a written determination by the contracting officer that—
  - (A) The services to be acquired are commercial services as defined in paragraph (2) of the definition of commercial service at FAR 2.101 ([41 U.S.C. 103a](/usc/41/103a.md));
  - (B) If the services to be acquired are subject to FAR 15.403-1(c)(3)(ii), the offeror of the services has submitted sufficient information in accordance with that subsection;
  - (C) Such services are commonly sold to the general public through use of time-and-materials or labor-hour contracts; and
  - (D) **The use of a time-and-materials or labor-hour contract type is in the best interest of the Government.**

## Notes

### Amendments

[74 FR 34264, July 15, 2009, as amended at 74 FR 35826, July 21, 2009; 76 FR 21812, Apr. 19, 2011; 76 FR 58136, Sept. 20, 2011; 87 FR 15817, Mar. 18, 2022; 88 FR 6582, Jan. 31, 2023; 89 FR 66285, Aug. 15, 2024]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 60 FR 61595, Nov. 30, 1995, unless otherwise noted.

### Amendments

[74 FR 34264, July 15, 2009, as amended at 74 FR 35826, July 21, 2009; 76 FR 21812, Apr. 19, 2011; 76 FR 58136, Sept. 20, 2011; 87 FR 15817, Mar. 18, 2022; 88 FR 6582, Jan. 31, 2023; 89 FR 66285, Aug. 15, 2024]