---
kind: "section"
citation: "48 C.F.R. § 212.272"
title: "48"
number: "212.272"
heading: "Preference for certain commercial products and commercial services."
url: "https://uscodex.org/cfr/48/212.272"
---

# §212.272. Preference for certain commercial products and commercial services.

- (a) **As required by section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Pub.** L. 114-92), for requirements relating to the acquisition of commercial information technology products and services, see 239.101.
- (b)
  - (1) **As required by section 876 of the National Defense Authorization Act of Fiscal Year 2017 (Pub.** L. 114-328), a contracting officer may not enter into a contract above the simplified acquisition threshold for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services, unless the appropriate official specified in [paragraph (b)(2)](#b-2) of this section determines in writing that no commercial services are suitable to meet the agency's needs as provided in [10 U.S.C. 3453(c)(2)](/usc/10/3453.md?p=c-2).
  - (2) The following officials are authorized to make the determination specified in [paragraph (b)(1)](#b-1) of this section:
    - (i) For contracts above $10 million, the head of the contracting activity, the combatant commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable).
    - (ii) For contracts in an amount above the simplified acquisition threshold and at or below $10 million, the contracting officer.

## Notes

### Amendments

[84 FR 39204, Aug. 9, 2019, as amended at 87 FR 76991, Dec. 16, 2022]

### Authority

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

### Source

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

### Amendments

[84 FR 39204, Aug. 9, 2019, as amended at 87 FR 76991, Dec. 16, 2022]