48 C.F.R. § 12.101

12.101 Policy.

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The head of the agency shall—

(a) Conduct market research to determine whether commercial products, commercial services, or nondevelopmental items are available that could meet the agency's requirements;

(b) Acquire commercial products, commercial services, or nondevelopmental items when they are available to meet the needs of the agency; and

(c) Require prime contractors and subcontractors at all tiers to incorporate, to the maximum extent practicable, commercial products, commercial services, or nondevelopmental items as components of items supplied to the agency.

[60 FR 48241, Sept. 18, 1995, as amended at 85 FR 67623, Oct. 23, 2020; 86 FR 61021, Nov. 4, 2021]

Notes of Decisions

Cited in 2 cases, 1992–2017 · leading case: Clark v. US Dept. of Army, 805 F. Supp. 84 (D.N.H. 1992).

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Clark v. US Dept. of Army, 805 F. Supp. 84 (D.N.H. 1992). “48 C.F.R. §§ 12.101 (a), 12.-202 (1991). Because this language makes time an essential element of any Government project, any discretionary decision relating to time and its effect on contract performance must necessarily be grounded in the policy of the FAR.”

Analytical Graphics, Inc. v. United States (Fed. Cl. 2017). · cites it 5× “502-2 provides that “[t]he contracting officer shall set aside any acquisition over $150,000 for small business participation,” as noted by protestor, 48 C.F.R. § 12.101 also contains the instruction “shall.”

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