(Revised July 15, 2009)
(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 items is authorized only for the following:
(i) Services acquired for support of a commercial item.
(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;
(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.
212.211 Technical data.
The DoD policy for acquiring technical data for commercial items is at 227.7102.
212.212 Computer software.
(1) Departments and agencies shall identify and evaluate, at all stages of the acquisition process (including concept refinement, concept decision, and technology development), opportunities for the use of commercial computer software and other non-developmental software in accordance with Section 803 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(2) See Subpart 208.74 when acquiring commercial software or software maintenance. See 227.7202 for policy on the acquisition of commercial computer software and commercial computer software documentation.
212.270 Major weapon systems as commercial items.
The DoD policy for acquiring major weapon systems as commercial items is in Subpart 234.70.