48 CFR § 212.207 - 212.207 Contract type.

---
identifier: "/us/cfr/t48/s212.207"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 212.207 - 212.207   Contract type."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "212.207"
section_name: "212.207   Contract type."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "B"
subchapter_name: "ACQUISITION PLANNING"
part_number: "212"
part_name: "ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "60 FR 61595, Nov. 30, 1995, unless otherwise noted."
cfr_part: "212"
---


# 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).

(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);

(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.

[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]