Federal Acquisition Regulation: Revision of Definition of “Commercial Item”, 61017-61038 [2021-22144]
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 25,
26, 27, 28, 29, 30, 31, 32, 37, 38, 39, 42,
43, 44, 46, 47, 49, 52, and 53
[FAC 2022–01; FAR Case 2018–018; Item
I; Docket No. FAR–2018–0018, Sequence
No. 1]
RIN 9000–AN76
Federal Acquisition Regulation:
Revision of Definition of ‘‘Commercial
Item’’
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement a section of the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019 to change the
definition of ‘‘commercial item.’’
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 or by email at
zenaida.delgado@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2022–01, FAR Case 2018–018.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
DoD, GSA, and NASA published a
proposed rule at 85 FR 65610 on
October 15, 2020, to amend the FAR
definition of ‘‘commercial item’’ to
implement section 836 of the John S.
McCain National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2019
(Pub. L. 115–232). Section 836 separates
the definition of ‘‘commercial item’’ at
41 U.S.C. 103 into the definitions of
‘‘commercial product’’ and ‘‘commercial
service,’’ at 41 U.S.C. 103 and 103a.
Splitting the definition of
‘‘commercial item’’ into the definitions
of ‘‘commercial product’’ and
‘‘commercial service’’ was a
recommendation made by the
independent panel created by section
809 of the NDAA for FY 2016 (Pub. L.
114–92). The panel was created to
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review and improve the functioning of
the defense acquisition system and
eliminate any regulations found
unnecessary to achieve such
improvements. The panel recommended
the splitting of the definition of
‘‘commercial item’’ to better ‘‘reflect the
significant roles services and
commercial services play today in the
DoD procurement budget.’’ See
recommendation on pages 29 to 30 of
Volume 1 of 3 dated January 2018 of the
Report of the Advisory Panel on
Streamlining and Codifying Acquisition
Regulations, available at https://
section809panel.org/wp-content/
uploads/2018/04/Sec809Panel_Vol1Report_Jan18_REVISED_2018-0314.pdf.
The change in this final rule resolves
the issue the Section 809 Panel cites,
which is that the ‘‘acquisition workforce
has faced issues with inconsistent
interpretations of policy, confusion over
how to identify eligible commercial
products and services’’. Bifurcating the
definition of ‘‘commercial item’’ into
‘‘commercial product’’ and ‘‘commercial
service’’ is a way to provide clarity for
the acquisition workforce, which may
result in greater engagement with the
commercial marketplace.
It is important to note that the
amendment to separate ‘‘commercial
item’’ into ‘‘commercial product’’ and
‘‘commercial service’’ does not expand
or shrink the universe of products or
services the Government may procure
using FAR part 12, nor does it change
the terms and conditions with which
contractors must comply.
The following summarizes the
changes made to the FAR:
1. Removed from FAR part 2 the
definition of ‘‘commercial item’’ and
replaced it with the definitions of
‘‘commercial product’’ and ‘‘commercial
service’’ in accordance with the NDAA
with only minor revisions for
clarification to align with that which is
currently in the FAR. The clarification
in paragraph 3(ii) of the definition of
‘‘commercial product’’ has been in FAR
part 2 since the definition of
‘‘commercial item’’ was incorporated by
FAR case 94–790, Acquisition of
Commercial Items, in 1995. Paragraphs
2(i) and 2(ii) of the definition of
‘‘commercial service’’ are also long
standing; they stem from a FAR change
published October 22, 2001, which was
revised slightly in a FAR change
published June 18, 2004.
2. Replaced all instances of ‘‘noncommercial’’ and ‘‘noncommercial’’
with ‘‘other than commercial’’ as it
relates to this rule. This editorial change
provides consistent language throughout
the FAR.
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3. Removed FAR 12.102(g), and a
corresponding reference at FAR
37.601(c), as obsolete. FAR 12.102(g)
only applied to contracts or orders
entered into before November 23, 2013.
4. Added the definition of
‘‘established price’’ at FAR 16.001 to be
consistent with the term as defined at
the FAR clauses at FAR 52.216–2,
Economic Price Adjustment—Standard
Supplies, and 52.216–3, Economic Price
Adjustment—Semistandard Supplies.
This is an editorial change for
consistency to have the definition in
both the clause and the corresponding
FAR part.
5. Made conforming changes to cross
references, and the following Standard
Forms (SF): SF 294, Subcontracting
Report for Individual Contracts; SF
1443, Contractor’s Request for Progress
Payment; and SF 1449, Solicitation/
Contract/Order for Commercial Products
and Commercial Services. Also, minor
editorial changes were made as needed
throughout the FAR. These revisions do
not impact terms and conditions of
commercial contracts or how the
Government procures commercial
products or commercial services.
Three respondents submitted
comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
There are no significant changes from
the proposed rule.
B. Analysis of Public Comments
Of the three responses received, none
provided negative comments on the
rule, although they suggested changes as
described below. No changes resulted
from the public comments.
Comment: A respondent expressed
that paragraph (1) of the commercial
product definition in the proposed rule
is not consistent with the language in 41
U.S.C. 103(1). This respondent stated
that while the wording for both
definitions is very similar, the structure
of the definition as promulgated in
current law indicates it was the intent
of Congress that for a product to meet
the definition of a commercial product
under paragraph (1), it must have been
sold, leased, or licensed, or offered for
sale, lease, or license, to the general
public.
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Response: The Councils note that the
respondent’s quoted definition is
similar to the statutory definition, and
to the definition used in the proposed
rule. No change is necessary.
Comment: Two respondents suggested
to explicitly include commercial
services under the definition of
commercial-off-the-shelf (‘‘COTS’’)
items to provide the Government access
to the broadest range of service
providers. One respondent pointed to
the following benefits: increase
competition and allow Government
customers quicker access to required
commercial services. A respondent
suggested to, at least, clarify that
commercial wireless
telecommunications offerings constitute
a ‘‘commercial product’’ and thus can
satisfy all definitional elements of COTS
items.
Response: The Councils cannot accept
the suggestions because they are not
consistent with the statute being
implemented. Section 836 of the NDAA
for FY 2019 did not modify the
definition of COTS item.
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C. Other Changes
Other changes made in the final rule
are as follows:
• Revisions were made to account for
additional instances of the term
‘‘commercial item’’ in the FAR after the
proposed rule was published in the
following sections: FAR 9.110–4(b),
9.110–5, 9.405–1, 39.205(a)(3) and
(c)(3), 43.105(c), 52.209–14(d)(1),
52.229–13(c), and 52.229–14(c).
• Three changes missed in the
proposed rule were added as follows:
the heading of FAR subpart 12.1, the
word ‘‘commercial’’ at FAR 15.601, and
the inclusion of ‘‘commercial products’’
in 52.212–5(b)(36).
• Prescriptive language was relocated
from the introductory text for the FAR
clauses at 52.216–2, 52.216–3, and
52.216–4 to FAR 16.203–4(a)(4), (b)(6),
and (c)(5), respectively, to be consistent
with FAR drafting conventions.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
or for Commercial Services
This rule does not create new
solicitation provisions or contract
clauses. This rule merely replaces the
term ‘‘commercial item(s)’’ with
‘‘commercial product(s),’’ ‘‘commercial
service(s),’’ ‘‘commercial product(s) or
commercial service(s),’’ or ‘‘commercial
product(s) and commercial service(s)’’
in the FAR including in part 52, as
appropriate. This rule does not impose
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any new requirements on contracts at or
below the SAT or for commercial
products, including COTS items, or for
commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD,
GSA, and NASA will send the rule and
the ‘‘Submission of Federal Rules Under
the Congressional Review Act’’ form to
each House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. The Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget has determined that this is not
a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601–612. The
FRFA is summarized as follows:
This final rule amends the FAR to change
the definition of ‘‘commercial item’’ by
splitting it into the definitions of
‘‘commercial product’’ and ‘‘commercial
service’’.
The objective is to implement section 836
of the John S. McCain NDAA for FY19 (Pub.
L. 115–232). This is consistent with the
recommendations by the independent panel
created by section 809 of the NDAA for FY
2016 (Pub. L. 114–92). This case implements
amendments to 41 U.S.C. 103 and 103a. The
legal basis for this rule is 40 U.S.C. 121(c),
10 U.S.C. chapter 137, and 51 U.S.C. 20113.
There were no significant issues raised by
the public comments in response to the
initial regulatory flexibility analysis.
The final rule impacts all entities that do
business with the Federal Government,
including the over 327,458 small business
registrants in the System for Award
Management. However, the rule does not
implement any requirements with which
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small entities must comply. This rule splits
the definition of ‘‘commercial item’’ into the
definitions of ‘‘commercial product’’ and
‘‘commercial service’’.
The final rule does not include additional
reporting or record keeping requirements.
There are no available alternatives to the
final rule to accomplish the desired objective
of the statute.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C 3501–3521) applies; however, the
changes to the FAR and the updates to
the information collections do not
impose new information collection
burden. The changes do not impose
additional, or change any existing,
information collection requirements to
the paperwork burden previously
approved under the following OMB
Control Numbers: 9000–0007,
Subcontracting Plans; 9000–0018,
Federal Acquisition Regulation Part 3:
Improper Business Practices and
Personal Conflicts of Interest; 9000–
0193, FAR Part 9 Responsibility Matters;
9000–0097, Federal Acquisition
Regulation Part 4 Requirements; 9000–
0136, Commercial Item Acquisitions;
9000–0034, Examination of Records by
Comptroller General and Contract
Audit; 9000–0013, Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data; 9000–
0048, Authorized Negotiators and
Integrity of Unit Prices; 9000–0010,
Progress Payments, SF 1443; 9000–0024,
Buy American, Trade Agreements, and
Duty-Free Entry; 9000–0061,
Transportation Requirements; 9000–
0068, Economic Price Adjustment;
9000–0070, Payments; 9000–0138,
Contract Financing; 9000–0188,
Combating Trafficking in Persons; 9000–
0197, Use of Products and Services of
Kaspersky Lab; 9000–0198, Violations of
Arms Control Treaties or Agreements;
and 1615–0092, E-Verify Program.
List of Subjects in 48 CFR Parts 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30,
31, 32, 37, 38, 39, 42, 43, 44, 46, 47, 49,
52, and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1, 2, 3, 4, 5, 6, 7,
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8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,
22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 37,
38, 39, 42, 43, 44, 46, 47, 49, 52, and 53
as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27,
28, 29, 30, 31, 32, 37, 38, 39, 42, 43, 44,
46, 47, 49, 52, and 53 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.102
[Amended]
2. Amend section 1.102 by removing
from paragraph (b)(1)(i) the phrase
‘‘commercial products and services;’’
and adding the phrase ‘‘commercial
products and commercial services;’’ in
its place.
■
1.102–2
[Amended]
3. Amend section 1.102–2 by
removing from paragraph (a)(4) the
phrase ‘‘commercial products and
services’’ and adding the phrase
‘‘commercial products and commercial
services’’ in its place.
■
PART 2—DEFINITIONS OF WORDS
AND TERMS
4. Amend section 2.101 in paragraph
(b)(2) by—
■ a. In the defined term ‘‘Biobased
product’’, removing the phrase
‘‘commercial or industrial product’’ and
adding the phrase ‘‘commercial product
or industrial product’’ in its place;
■ b. In the defined term ‘‘Commercial
component’’, removing the words
‘‘commercial item’’ and adding the
words ‘‘commercial product’’ in its
place;
■ c. In the defined term ‘‘Commercial
computer software’’, removing the
words ‘‘commercial item’’ and adding
the words ‘‘commercial product or
commercial service’’ in its place.
■ d. Removing the defined term
‘‘Commercial item’’;
■ e. Adding the defined terms
‘‘Commercial product’’ and
‘‘Commercial service’’ in alphabetical
order; and
■ f. In the defined term ‘‘Commercially
available off-the-shelf (COTS) item’’,
removing from paragraph (1)(i)
‘‘commercial item’’ and ‘‘definition in
this section’’ and adding ‘‘commercial
product’’ and ‘‘definition of
‘‘commercial product’’ in this section’’
in their places, respectively.
The additions read as follows:
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■
2.101
*
Definitions.
*
*
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(b) * * *
(2) * * *
Commercial product means—
(1) A product, other than real
property, that is of a type customarily
used by the general public or by
nongovernmental entities for purposes
other than governmental purposes,
and—
(i) Has been sold, leased, or licensed
to the general public; or
(ii) Has been offered for sale, lease, or
license to the general public;
(2) A product that evolved from a
product described in paragraph (1) of
this definition through advances in
technology or performance and that is
not yet available in the commercial
marketplace, but will be available in the
commercial marketplace in time to
satisfy the delivery requirements under
a Government solicitation;
(3) A product that would satisfy a
criterion expressed in paragraph (1) or
(2) of this definition, except for—
(i) Modifications of a type customarily
available in the commercial
marketplace; or
(ii) Minor modifications of a type not
customarily available in the commercial
marketplace made to meet Federal
Government requirements. ‘‘Minor
modifications’’ means modifications
that do not significantly alter the
nongovernmental function or essential
physical characteristics of an item or
component, or change the purpose of a
process. Factors to be considered in
determining whether a modification is
minor include the value and size of the
modification and the comparative value
and size of the final product. Dollar
values and percentages may be used as
guideposts, but are not conclusive
evidence that a modification is minor;
(4) Any combination of products
meeting the requirements of paragraph
(1), (2), or (3) of this definition that are
of a type customarily combined and
sold in combination to the general
public;
(5) A product, or combination of
products, referred to in paragraphs (1)
through (4) of this definition, even
though the product, or combination of
products, is transferred between or
among separate divisions, subsidiaries,
or affiliates of a contractor; or
(6) A nondevelopmental item, if the
procuring agency determines the
product was developed exclusively at
private expense and sold in substantial
quantities, on a competitive basis, to
multiple State and local governments or
to multiple foreign governments.
Commercial service means—
(1) Installation services, maintenance
services, repair services, training
services, and other services if—
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(i) Such services are procured for
support of a commercial product as
defined in this section, regardless of
whether such services are provided by
the same source or at the same time as
the commercial product; and
(ii) The source of such services
provides similar services
contemporaneously to the general
public under terms and conditions
similar to those offered to the Federal
Government;
(2) Services of a type offered and sold
competitively in substantial quantities
in the commercial marketplace based on
established catalog or market prices for
specific tasks performed or specific
outcomes to be achieved and under
standard commercial terms and
conditions. For purposes of these
services—
(i) Catalog price means a price
included in a catalog, price list,
schedule, or other form that is regularly
maintained by the manufacturer or
vendor, is either published or otherwise
available for inspection by customers,
and states prices at which sales are
currently, or were last, made to a
significant number of buyers
constituting the general public; and
(ii) Market prices means current
prices that are established in the course
of ordinary trade between buyers and
sellers free to bargain and that can be
substantiated through competition or
from sources independent of the
offerors; or
(3) A service referred to in paragraph
(1) or (2) of this definition, even though
the service is transferred between or
among separate divisions, subsidiaries,
or affiliates of a contractor.
*
*
*
*
*
PART 3—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
3.104–1
[Amended]
5. In section 3.104–1 amend the
definition of ‘‘Contractor bid or proposal
information’’ in paragraph (1) by
removing ‘‘10 U.S.C. 2306a(h)’’ and
adding in its place ‘‘10 U.S.C.
2306a(h)(1)’’ and removing ‘‘41 U.S.C.
3501(a)(2)’’ and adding ‘‘41 U.S.C.
3501(a)(1)’’ in its place.
■ 6. Amend section 3.104–9 by revising
the introductory text to read as follows:
■
3.104–9
Contract clauses.
In solicitations and contracts that
exceed the simplified acquisition
threshold, other than those for
commercial products or commercial
services, insert the clauses at—
*
*
*
*
*
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[Amended]
4.1202
7. Amend section 3.404 by removing
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■ 8. Amend section 3.502–2 by revising
paragraph (i) introductory text to read as
follows:
■
3.502–2
Subcontractor kickbacks.
4.1902
3.502–3
5.202
[Amended]
17. Amend section 4.1902 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services,’’ in its place.
PART 5—PUBLICIZING CONTRACT
ACTIONS
■
3.503–2
5.203
[Amended]
18. Amend section 5.202 by removing
from paragraph (a)(10) ‘‘commercial
items’’ and adding ‘‘commercial
products’’ in its place.
[Amended]
10. Amend section 3.503–2 by
removing ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place.
■
3.1004
[Amended]
■
9. Amend section 3.502–3 by
removing ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place.
■
[Amended]
19. Amend section 5.203 by removing
from paragraphs (a) introductory text,
(b), and (c) the term ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in their places,
respectively.
■
[Amended]
11. Amend section 3.1004 by
removing from paragraph (b)(1)
‘‘commercial item’’ and ‘‘FAR 52.203–
14’’ and adding ‘‘commercial product or
commercial service’’ and ‘‘52.203–14’’
in their places, respectively.
■
PART 6—COMPETITION
REQUIREMENTS
6.001
[Amended]
PART 4—ADMINISTRATIVE AND
INFORMATION MATTERS
20. Amend section 6.001 by removing
from paragraph (a) ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
4.203
6.302–5
[Amended]
12. Amend section 4.203 by removing
from paragraph (a) the term
‘‘Commercial Items’’ and adding the
term ‘‘Commercial Products and
Commercial Services’’ in its place.
■
4.605
[Amended]
13. Amend section 4.605 by removing
from paragraph (b) the term
‘‘Commercial Items’’ and adding the
term ‘‘Commercial Products and
Commercial Services’’ in its place.
■
4.1103
[Amended]
14. Amend section 4.1103 by
removing from paragraph (a)(3) the term
‘‘Commercial Items’’ and adding the
term ‘‘Commercial Products and
Commercial Services’’ in its place.
■
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16. Amend section 4.1202 by
removing from paragraph (a)
introductory text the terms ‘‘commercial
item solicitations’’ and ‘‘FAR part 12’’
and adding the terms ‘‘solicitations for
commercial products or commercial
services’’ and ‘‘part 12’’ in their places,
respectively.
■
*
*
*
*
(i) Requires each contracting agency
to include in each prime contract, other
than for commercial products or
commercial services, exceeding
$150,000, a requirement that the prime
contractor shall—
*
*
*
*
*
*
[Amended]
4.1201
[Amended]
15. Amend section 4.1201 by
removing from paragraph (d) the term
‘‘commercial items’’ and adding the
term ‘‘commercial products or
commercial services’’ in its place.
■
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■
[Amended]
21. Amend section 6.302–5 by:
a. Removing from paragraph (a)(2)(ii)
‘‘commercial item’’ and adding
‘‘commercial product’’ in its place; and
■ b. Removing from paragraph (c)(3)
‘‘brand-name commercial items’’ and
adding ‘‘brand name commercial
products’’ in its place.
■ 22. Amend section 6.502 by—
■ a. Revising paragraph (a);
■ b. Removing from paragraph (b)(1)(i)
the term ‘‘commercial items’’ and
adding ‘‘commercial products and
commercial services’’ in its place;
■ c. Removing from paragraph (b)(1)(iv)
the term ‘‘commercial items or’’ and
adding ‘‘commercial products or
commercial services or unnecessarily
restricting’’ in its place;
■ d. Removing from paragraph (b)(2)(ii)
the term ‘‘commercial items’’ and
adding ‘‘commercial products and
commercial services’’ in its place; and
■ e. Removing from paragraphs (b)(2)(v)
and (vi) the term ‘‘commercial items’’
■
■
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and adding ‘‘commercial products,
commercial services,’’ in its place.
The revision reads as follows:
6.502
Duties and responsibilities.
(a) Agency and procuring activity
advocates for competition are
responsible for—
(1) Promoting the acquisition of
commercial products and commercial
services;
(2) Promoting full and open
competition;
(3) Challenging requirements that are
not stated in terms of functions to be
performed, performance required, or
essential physical characteristics;
(4) Challenging barriers to the
acquisition of commercial products and
commercial services; and
(5) Challenging barriers to full and
open competition such as unnecessarily
restrictive statements of work,
unnecessarily detailed specifications,
and unnecessarily burdensome contract
clauses.
*
*
*
*
*
PART 7—ACQUISITION PLANNING
7.102
[Amended]
23. Amend section 7.102 by removing
from paragraph (a)(1) the phrase
‘‘commercial items or, to the extent that
commercial items suitable’’ and adding
‘‘commercial products or commercial
services, or to the extent that
commercial products suitable’’ in its
place.
■
7.103
[Amended]
24. Amend section 7.103 by removing
from paragraph (b) the phrase
‘‘commercial items, or to the extent that
commercial items suitable’’ and adding
‘‘commercial products or commercial
services, or to the extent that
commercial products suitable’’ in its
place.
■
7.105
[Amended]
25. Amend section 7.105 by removing
from paragraph (b)(14)(i) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.402
[Amended]
26. Amend section 8.402 by—
a. Removing from paragraph (a) the
term ‘‘commercial supplies and
services’’ and adding ‘‘commercial
supplies and commercial services’’ in its
place; and
■ b. Removing from paragraph (f)(1) the
phrase ‘‘commercial items (part 12),’’
■
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and adding ‘‘commercial products or
commercial services (part 12),’’ in its
place.
■
PART 9—CONTRACTOR
QUALIFICATIONS
*
9.106–1
10.001
[Amended]
27. Amend section 9.106–1 by
removing from paragraph (a) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
10.002
[Amended]
28. Amend section 9.109–5 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
■
9.110–4
[Amended]
29. Amend section 9.110–4 by
removing from paragraph (b)
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
9.110–5
[Amended]
30. Amend section 9.110–5 by
removing the term ‘‘commercial items’’
and adding ‘‘commercial products and
commercial services’’ in its place.
■
9.405–1
[Amended]
31. Amend section 9.405–1 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
9.405–2
[Amended]
32. Amend section 9.405–2 in
paragraph (b) introductory text, in the
fourth sentence, by removing
‘‘commercial items’’ and adding
‘‘commercial products’’ in its place.
■
33. Amend section 10.001 by—
a. Removing from paragraph (a)(2)(v)
the phrase ‘‘for a noncommercial item’’
and adding ‘‘for other than a
commercial product or commercial
service’’ in its place;
■ b. Removing from paragraph (a)(3)(ii)
introductory text the phrase
‘‘commercial items or, to the extent
commercial items suitable’’ and adding
‘‘commercial products or commercial
services, or, to the extent commercial
products suitable’’ in its place;
■ c. Removing from paragraph (a)(3)(iii)
the term ‘‘commercial items’’ and
adding ‘‘commercial products’’ in its
place;
■ d. Removing from paragraph (a)(3)(iv)
the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place; and
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[Amended]
34. Amend section 10.002 by—
a. Removing from paragraph (b)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products, commercial services,’’ in its
place;
■ b. Removing from paragraph (b)(1)
introductory text the word ‘‘item’’ and
adding ‘‘product or service’’ in its place;
■ c. Removing from paragraphs
(b)(1)(i)(A), (B), and (C) the word
‘‘Items’’ and adding ‘‘Products or
services’’ in its place;
■ d. Removing from paragraph (b)(1)(ii)
the word ‘‘items’’ and adding ‘‘products
or services’’ in its place;
■ e. Removing from paragraph (c) the
phrases ‘‘indicates commercial’’ and
‘‘permit commercial’’ and adding
‘‘indicates commercial products,
commercial services,’’ and ‘‘permit
commercial products, commercial
services,’’ in their places, respectively;
and
■ f. Removing from paragraph (d)(1) the
phrases ‘‘item or’’ and ‘‘commercial
item’’ and adding ‘‘product or’’ and
‘‘commercial product or commercial
service’’ in their places, respectively.
■ 35. Revise section 10.003 to read as
follows:
■
■
10.003
PART 10—MARKET RESEARCH
■
■
Policy.
*
*
*
*
(d) See 10.003 for the requirement for
a prime contractor to perform market
research in contracts in excess of $6
million, other than contracts for the
acquisition of commercial products or
commercial services (section 826 of Pub.
L. 110–181).
■
9.109–5
e. Revising paragraph (d).
The revision reads as follows:
Contract clause.
The contracting officer shall insert the
clause at 52.210–1, Market Research, in
solicitations and contracts over $6
million, other than solicitations and
contracts for the acquisition of
commercial products or commercial
services.
PART 11—DESCRIBING AGENCY
NEEDS
11.002
[Amended]
36. Amend section 11.002 by—
a. Removing from paragraph (a)(2)(ii)
the phrase ‘‘commercial items, or, to the
extent that commercial items suitable’’
and adding ‘‘commercial products or
commercial services or, to the extent
that commercial products suitable’’ in
its place;
■ b. Removing from paragraphs
(a)(2)(iii) and (iv) the term ‘‘commercial
■
■
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items’’ and adding ‘‘commercial
products, commercial services,’’ in its
place; and
■ c. Removing from paragraph (a)(2)(v)
the terms ‘‘commercial items or,’’ and
‘‘commercial items suitable’’ and adding
‘‘commercial products or commercial
services or,’’ and ‘‘commercial products
suitable’’ in their places, respectively.
11.302
[Amended]
37. Amend section 11.302 by—
a. Removing from paragraph (b)(1) the
terms ‘‘acquiring other’’ and
‘‘commercial items’’ and adding
‘‘acquiring products other’’ and
‘‘commercial products as defined in
2.101’’ in their places, respectively;
■ b. Removing from paragraph (b)(2) the
terms ‘‘commercial items’’ and ‘‘the
item’’ and adding ‘‘commercial
products’’ and ‘‘the product’’ in their
places, respectively; and
■ c. Removing from paragraph (c)(1) the
term ‘‘commercial items’’ and adding
‘‘commercial products’’ in its place.
■
■
11.304
[Amended]
38. Amend section 11.304 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products’’ in
its place.
■
PART 12—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
39. Revise the part heading to read as
set forth above.
■
12.000
[Amended]
40. Amend section 12.000 by—
a. In the first sentence, removing the
term ‘‘commercial items’’ and adding
‘‘commercial products, including
commercial components, and
commercial services’’ in its place; and
■ b. In the second sentence, removing
the terms ‘‘commercial items’’ and
‘‘commercial items and components’’
and adding ‘‘commercial products and
commercial services’’ in their place.
■
■
12.001
[Amended]
41. Amend section 12.001 by
removing the term ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
■ 42. Revise the heading of subpart 12.1
to read as follows:
■
Subpart 12.1—Acquisition of
Commercial Products and Commercial
Services
12.101
[Amended]
43. Amend section 12.101 by
removing the term ‘‘commercial items’’
wherever it appears and adding
■
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‘‘commercial products, commercial
services,’’ in its place.
12.102
[Amended]
44. Amend section 12.102 by—
a. Removing from paragraph (a) the
phrase ‘‘the definition of commercial
items’’ and adding ‘‘the definitions of
‘‘commercial product’’ or ‘‘commercial
service’’ in its place;
■ b. Removing from paragraph (c) the
term ‘‘commercial items’’ wherever it
appears and adding ‘‘commercial
products or commercial services’’ in its
place;
■ c. Removing from paragraph (d) the
phrase ‘‘commercial item in section
2.101’’ and adding ‘‘commercial
product’’ in its place;
■ d. Removing from paragraphs (e) and
(f)(1) the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place;
■ e. In paragraph (f)(2) introductory text:
■ i. Removing the term ‘‘for an item’’
and adding ‘‘for a product’’ in its place;
and
■ ii. Removing the term ‘‘commercial
item’’ wherever it appears and adding
‘‘commercial product or commercial
service’’ in its place;
■ f. Removing from paragraph (f)(2)(i)
‘‘see Subpart 30.2’’ and adding ‘‘see
subpart 30.2’’ in its place; and
■ g. Removing paragraph (g).
■
■
12.103
ii. Removing in the second sentence
the terms ‘‘commercial item’’ and ‘‘type
of product or service’’ and adding
‘‘commercial product or commercial
service’’ and ‘‘type of commercial
product or commercial service’’ in their
places, respectively.
■
[Amended]
45. Amend section 12.103 by
removing the text ‘‘commercial items’’
and ‘‘12.504);’’ and adding ‘‘commercial
products’’ and ‘‘12.504).’’ in their
places, respectively.
■ 46. Revise the heading of subpart 12.2
to read as follows:
■
12.203
[Amended]
49. Amend section 12.203 in
paragraph (a) by:
■ a. In the first sentence, removing the
term ‘‘commercial items’’ and adding in
its place the phrase ‘‘commercial
products and commercial services’’; and
■ b. In the second and third sentences,
removing the term ‘‘commercial items’’
wherever it appears and adding in its
place the phrase ‘‘commercial products
or commercial services’’.
■ 50. Amend section 12.204 by revising
paragraph (a) to read as follows:
Solicitation/contract form.
(a)(1) The contracting officer shall use
the Standard Form 1449, Solicitation/
Contract/Order for Commercial Products
and Commercial Services, if—
(i) The acquisition is expected to
exceed the simplified acquisition
threshold;
(ii) A paper solicitation or contract is
being issued; and
(iii) Procedures at 12.603 are not
being used.
(2) Use of the SF 1449 is
nonmandatory but encouraged for
commercial acquisitions not exceeding
the simplified acquisition threshold.
*
*
*
*
*
12.205
[Amended]
51. Amend section 12.205 by—
■ a. In paragraph (a):
■ i. In the first sentence, removing the
word ‘‘product’’; and
■ ii. In the second sentence, removing
the phrase ‘‘product literature from
offerors of commercial items’’ and
adding ‘‘product or service literature
from offerors of commercial products or
commercial services’’ in its place;
■ b. In paragraph (b):
■ i. In the first sentence, removing the
phrases ‘‘more than one product’’ and
‘‘commercial items’’ and adding
‘‘multiple offers’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively; and
■ ii. In the second sentence, removing
the phrase ‘‘product as a separate offer’’
and adding ‘‘offer separately’’ in its
place; and
■ c. Removing from paragraph (c) the
words ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in their place.
■
Subpart 12.2—Special Requirements
for the Acquisition of Commercial
Products and Commercial Services
12.201
[Amended]
47. Amend section 12.201 by
removing ‘‘commercial items’’ wherever
it appears and adding ‘‘commercial
products and commercial services’’ in
its place.
■
12.202
[Amended]
48. Amend section 12.202 by—
a. Removing from paragraph (a) the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place; and
■ b. In paragraph (b):
■ i. Removing in the first sentence the
terms ‘‘commercial items’’ and
‘‘products or services’’ and adding
‘‘commercial products or commercial
services’’ and ‘‘products or commercial
services’’ in their places, respectively;
and
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■
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[Amended]
52. Amend section 12.206 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products and
commercial services’’ in its place.
■
12.207
[Amended]
53. Amend section 12.207 by
removing from paragraphs (a) and (e)
the words ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in their places.
■ 54. Revise section 12.208 to read as
follows:
■
■
12.204
12.206
Sfmt 4700
12.208
Contract quality assurance.
Contracts for commercial products
shall rely on contractors’ existing
quality assurance systems as a substitute
for Government inspection and testing
before tender for acceptance unless
customary market practices for the
commercial product being acquired
include in-process inspection. Any inprocess inspection by the Government
shall be conducted in a manner
consistent with commercial practice.
The Government shall rely on the
contractor to accomplish all inspection
and testing needed to ensure that
commercial services acquired conform
to contract requirements before they are
tendered to the Government.
12.209
[Amended]
55. Amend section 12.209 by
removing the words ‘‘commercial
items’’ and ‘‘Commercial item’’ and
adding ‘‘commercial products and
commercial services’’ and ‘‘Commercial
product and commercial service’’ in
their places, respectively.
■
12.210
[Amended]
56. Amend section 12.210 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products and
commercial services’’ in its place.
■
12.211
[Amended]
57. Amend section 12.211 by:
a. Removing the text ‘‘commercial
item’’ and adding ‘‘commercial
product’’ in its place; and
■ b. Removing the text ‘‘commercial
items’’ wherever it appears and adding
‘‘commercial products’’ in its place.
■
■
12.214
[Amended]
58. Amend section 12.214 by—
a. Removing from the first sentence
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ b. Removing from the second sentence
‘‘See 48 CFR 30.201–1’’ and
‘‘commercial items’’ and adding ‘‘See
30.201–1’’ and ‘‘commercial products or
■
■
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commercial services’’ in their places,
respectively; and
■ c. Removing from the last sentence
‘‘in 48 CFR 30.201’’ and adding ‘‘in
30.201’’ in its place.
■ 59. Revise the heading of subpart 12.3
to read as follows:
Subpart 12.3—Solicitation Provisions
and Contract Clauses for the
Acquisition of Commercial Products
and Commercial Services
12.300
[Amended]
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12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
*
60. Amend section 12.300 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products and
commercial services’’ in its place.
■ 61. Amend section 12.301 by—
■ a. Revising the section heading;
■ b. Removing from paragraphs (a)
introductory text and (a)(1) the text
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ c. Removing from paragraph (b)
introductory text the text ‘‘commercial
items’’ wherever it appears and adding
‘‘commercial products or commercial
services’’ in its place;
■ d. In paragraphs (b)(1) and (2):
■ i. Removing in the headings the text
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place; and
■ ii. Removing the text ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place; and
■ e. Removing in the third sentence of
paragraph (b)(2) the text ‘‘Subpart 1.4’’
and adding ‘‘subpart 1.4’’ in its place;
■ f. Removing from paragraph (b)(3)
heading the text ‘‘Commercial Items’’
and adding ‘‘Commercial Products and
Commercial Services’’ in its place;
■ g. In paragraph (b)(4):
■ i. In the heading, removing the text
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place;
■ ii. Removing the text ‘‘commercial
items’’ wherever it appears and adding
‘‘commercial products or commercial
services’’ in its place; and
■ iii. Removing the text ‘‘Part 15’’ and
adding ‘‘part 15’’ in its place;
■ h. In paragraph (c)(1):
■ i. Removing the term ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place; and
■ ii. Removing the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place;
■ i. Removing from paragraph (d)
introductory text the text ‘‘commercial
■
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items’’ wherever it appears and adding
‘‘commercial products or commercial
services’’ in its place; and
■ j. Removing from paragraph (f) the text
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
The revision reads as follows:
Jkt 256001
*
*
*
*
62. Amend section 12.302 by—
■ a. Revising the section heading;
■ b. In paragraph (a):
■ i. Removing the text ‘‘commercial
items’’ wherever it appears and adding
‘‘commercial products and commercial
services’’ in its place; and
■ ii. Removing the text ‘‘Commercial
Items’’ wherever it appears and adding
‘‘Commercial Products and Commercial
Services’’ in its place;
■ c. In paragraph (b):
■ i. Removing the text ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place; and
■ ii. Removing the text ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place; and
■ d. Removing from paragraph (c)
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
The revision reads as follows:
■
12.302 Tailoring of provisions and clauses
for the acquisition of commercial products
and commercial services.
*
*
12.303
*
*
*
[Amended]
63. Amend section 12.303 by—
a. Removing from the introductory
text the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place;
■ b. Removing from paragraph (c)(1) the
text ‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place;
■ c. Removing from paragraph (c)(3) the
text ‘‘and Executive Orders’’ and adding
‘‘or Executive Orders—Commercial
Products and Commercial Services’’ in
its place; and
■ d. Removing from paragraphs (e)(1),
(3), and (4) the term ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place.
■ 64. Revise the heading for subpart
12.4 to read as follows:
■
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Subpart 12.4—Unique Requirements
Regarding Terms and Conditions for
Commercial Products and Commercial
Services
12.401
Sfmt 4700
[Amended]
65. Amend section 12.401 by—
a. In paragraph (a), removing the term
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place; and
■ b. In paragraph (b), removing the text
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
■
12.402
[Amended]
66. Amend 12.402 by—
a. In paragraph (a):
i. Removing the text ‘‘commercial
item’’ and adding ‘‘commercial product
or commercial service’’ in its place; and
■ ii. Removing the text ‘‘commercial
items’’ wherever it appears and adding
‘‘commercial products or commercial
services’’ in its place;
■ b. Removing from paragraph (b) the
phrase ‘‘complex commercial items or
commercial items used’’ and adding
‘‘complex commercial products or
commercial services, or commercial
products or commercial services used’’
in its place; and
■ c. Removing from paragraph (c)
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
■
■
12.403
[Amended]
67. Amend section 12.403 by
removing from paragraphs (a), (b), and
(d) the text ‘‘commercial items’’
wherever it appears and adding
‘‘commercial products or commercial
services’’ in its place.
■
12.404
■
61023
[Amended]
68. Amend section 12.404 by
removing from paragraph (b)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products’’ in its place.
■ 69. Revise the heading of subpart 12.5
to read as follows:
■
Subpart 12.5—Applicability of Certain
Laws to the Acquisition of Commercial
Products, Commercial Services and
Commercially Available Off-the-Shelf
Items
12.500
[Amended]
70. Amend section 12.500 by—
a. Removing from paragraphs (a)(1)
and (2) the term ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place;
■ b. Removing from paragraph (a)(3) the
text ‘‘of COTS items’’ and adding ‘‘of
■
■
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‘‘commercial products or commercial
services’’ in its place;
■ c. Removing from paragraph (b) the
terms ‘‘Subpart 22.3’’ and ‘‘commercial
items or commercial components’’ and
adding ‘‘subpart 22.3’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively; and
■ d. Removing from paragraph (c) the
words ‘‘regards’’ and ‘‘commercial items
or commercial components’’ and adding
‘‘regard’’ and ‘‘commercial products or
commercial services’’ in their places,
respectively.
The revision reads as follows:
commercially available off-the-shelf
(COTS) items’’ in its place; and
■ c. Removing from paragraph (b) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
12.501
[Amended]
71. Amend section 12.501 by
removing from paragraphs (a) and (b)
the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place.
■
12.502
[Amended]
72. Amend section 12.502 by—
a. Removing from paragraph (a) the
text ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place; and
■ b. Revising paragraph (b).
The revision reads as follows:
■
■
12.502
12.504 Applicability of certain laws to
subcontracts for the acquisition of
commercial products and commercial
services.
*
12.505
*
*
*
*
(b) For subcontracts for the
acquisition of commercial products or
commercial services, the clauses at
52.212–5, Contract Terms and
Conditions Required to Implement
Statutes or Executive Orders—
Commercial Products and Commercial
Services, and 52.244–6, Subcontracts for
Commercial Products and Commercial
Services, reflect the applicability of the
laws listed in 12.504 by identifying the
only provisions and clauses that are
required to be included in a subcontract
at any tier for the acquisition of
commercial products or commercial
services.
*
*
*
*
*
■ 73. Amend section 12.503 by—
■ a. Revising the section heading;
■ b. Removing from paragraph (a) the
text ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ c. Removing from paragraph (b) the
text ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place; and
■ d. Removing from paragraph (c) the
words ‘‘regards’’ and ‘‘commercial
items’’ and adding ‘‘regard’’ and
‘‘commercial products and commercial
services’’ in their places, respectively.
The revision reads as follows:
12.503 Applicability of certain laws to
Executive agency contracts for the
acquisition of commercial products and
commercial services.
*
[Amended]
*
*
*
*
74. Amend section 12.504 by—
a. Revising the section heading;
b. Removing from paragraph (a) the
phrase ‘‘commercial items or
commercial components’’ and adding
Subpart 12.6—Streamlined Procedures
for Evaluation and Solicitation for
Commercial Products and Commercial
Services
12.601
General.
(a) This subpart provides optional
procedures for—
(1) Streamlined evaluation of offers
for commercial products or commercial
services; and
(2) Streamlined solicitation of offers
for commercial products or commercial
services for use where appropriate.
(b) These procedures are intended to
simplify the process of preparing and
issuing solicitations and evaluating
offers for commercial products or
commercial services consistent with
customary commercial practices.
■ 78. Amend section 12.602 by—
■ a. Removing from paragraph (a):
■ i. The term ‘‘Commercial Items’’ and
adding ‘‘Commercial Products and
Commercial Services’’ in its place; and
■ ii. The term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place; and
■ b. Revising paragraph (b).
The revision reads as follows:
12.602
*
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79. Amend section 12.603 by—
a. Revising the section heading;
■ b. Removing from paragraph (a) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ c. Removing from paragraph (c)(2)(i)
the terms ‘‘commercial items’’ and
‘‘Subpart 12.6’’ and adding ‘‘commercial
products or commercial services’’ and
‘‘subpart 12.6’’ in their places,
respectively;
■ d. Removing from paragraph
(c)(2)(viii) the text ‘‘Commercial’’ and
adding ‘‘Commercial Products and
Commercial Services’’ in its place;
■ e. Removing from paragraphs
(c)(2)(ix), (x), and (xi) the text
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place; and
■ f. Removing from paragraph (c)(2)(xii)
the phrase ‘‘Or Executive Orders—
Commercial Items’’ and adding ‘‘or
Executive Orders—Commercial
Products and Commercial Services’’ in
its place.
The revision reads as follows:
■
77. Revise section 12.601 to read as
follows:
■
■
■
■
20:16 Nov 03, 2021
*
75. Amend section 12.505 by
removing from the introductory text the
words ‘‘commercial items’’ and adding
‘‘commercial products’’ in its place.
■ 76. Revise the heading of subpart 12.6
to read as follows:
*
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■
Procedures.
*
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*
services, the criteria need not be more
detailed than technical (capability of the
item offered to meet the agency need),
price, and past performance. Technical
capability may be evaluated by how
well the proposed products or services
meet the Government requirement
instead of predetermined subfactors.
Solicitations for commercial products or
commercial services do not have to
contain subfactors for technical
capability when the solicitation
adequately describes the intended use of
the commercial product or commercial
service. A technical evaluation would
normally include examination of such
things as product or service literature,
product samples (if requested),
technical features, and warranty
provisions. Past performance shall be
evaluated in accordance with the
procedures in section 13.106 or subpart
15.3, as applicable. The contracting
officer shall ensure the instructions
provided in the provision at 52.212–1,
Instructions to Offerors—Commercial
Products and Commercial Services, and
the evaluation criteria provided in the
provision at 52.212–2, Evaluation—
Commercial Products and Commercial
Services, are in agreement.
*
*
*
*
*
Streamlined evaluation of offers.
*
*
*
*
(b) Offers shall be evaluated in
accordance with the criteria contained
in the solicitation. For many
commercial products or commercial
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12.603 Streamlined solicitation for
commercial products or commercial
services.
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
13.000
[Amended]
80. Amend section 13.000 by:
■ i. Removing the text ‘‘and commercial
items’’ and adding ‘‘commercial
products, and commercial services’’;
and
■ ii. Removing the text ‘‘of commercial
items’’ wherever it appears and adding
‘‘of commercial products and
commercial services’’ in its place.
■
13.003
[Amended]
84. Amend section 13.106–1 by
removing from paragraph (b)(2) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
13.302–1
85. Amend section 13.302–1 by
removing from paragraph (a) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
86. Amend section 13.302–4 by—
a. Removing from paragraph (a)(1)
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place; and
■ b. Removing from paragraph (a)(2)
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
13.302–5
83. Amend section 13.105 by
removing from paragraph (b) the words
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services,’’ in its place.
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[Amended]
13.500
[Amended]
92. Amend section 13.500 by—
a. In paragraph (a), removing the terms
‘‘commercial items’’ and ‘‘commercial
item acquisitions’’ and adding the terms
‘‘commercial products or commercial
services’’ and ‘‘commercial
acquisitions’’ in their places,
respectively;
■ b. In paragraph (b), removing the text
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place; and
■ c. In paragraphs (c)(1) and (2),
removing the term ‘‘commercial items’’
and adding in its place the term
‘‘commercial products or commercial
services’’.
■
87. Amend section 13.302–5 by
removing from paragraph (d)(1) the text
‘‘Commercial Items’’ and ‘‘commercial
items’’ and adding ‘‘Commercial
Products and Commercial Services’’ and
‘‘commercial products or commercial
services’’ in their places, respectively.
13.303–5
[Amended]
88. Amend section 13.303–5 by
removing from paragraph (b)(2) the
terms ‘‘commercial item’’ and ‘‘Subpart
13.5’’ and adding ‘‘commercial product
and commercial service’’ and ‘‘subpart
13.5’’ in their places, respectively.
■
[Amended]
[Amended]
90. Amend section 13.307 by—
a. In paragraph (a):
■ i. In the paragraph heading, removing
‘‘Commercial items’’ and adding
‘‘Commercial products and commercial
services’’ in its place; and
■ ii. Removing the text ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place; and
■ b. In paragraphs (b) and (c), removing
the text ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
■
91. Revise the heading for subpart
13.5 to read as follows:
■
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14.201–1
[Amended]
93. Amend section 14.201–1 by
removing from paragraph (c) the phrase
‘‘(see 4.1202(b)) or for acquisitions of
commercial items’’ and adding ‘‘(see
4.1202(b)), or for acquisitions of
commercial products and commercial
services’’ in its place.
PART 15—CONTRACTING BY
NEGOTIATION
15.204–1
Sfmt 4700
[Amended]
94. Amend section 15.204–1 by
removing from paragraph (b) the text
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
15.209
89. Amend section 13.303–8 by
removing ‘‘Commercial Items’’ and
adding ‘‘Commercial Products and
Commercial Services’’ in its place.
13.307
PART 14—SEALED BIDDING
■
■
■
■
[Amended]
■
*
[Amended]
[Amended]
■
13.303–8
13.105
Subpart 13.5—Simplified Procedures
for Certain Commercial Products and
Commercial Services
■
13.005 List of laws inapplicable to
contracts and subcontracts at or below the
simplified acquisition threshold.
*
*
*
*
(b) The Federal Acquisition
Regulatory Council (FAR Council) will
include any law enacted after October
13, 1994, that sets forth policies,
procedures, requirements, or restrictions
for the acquisition of property or
services, on the list set forth in
paragraph (a) of this section. The FAR
Council may make exceptions when it
determines in writing that it is in the
best interest of the Government that the
enactment should apply to contracts or
subcontracts not greater than the
simplified acquisition threshold.
*
*
*
*
*
[Amended]
■
13.302–4
81. Amend section 13.003 by—
■ a. Removing from paragraph (c)(1)(ii)
the phrase ‘‘commercial items using
Subpart’’ and adding ‘‘commercial
products or commercial services using
subpart’’ in its place;
■ b. Removing from paragraph (c)(2)
introductory text the phrase
‘‘commercial items, the threshold in
Subpart’’ and adding ‘‘commercial
products and commercial services, the
threshold in subpart’’ in its place;
■ c. Removing from paragraph (g)(1) the
phrase ‘‘threshold for other than
commercial items’’ and adding
‘‘threshold when acquiring other than
commercial products or commercial
services’’ in its place; and
■ d. Removing from paragraph (g)(2) the
text ‘‘commercial items’’ and ‘‘in Parts’’
and adding ‘‘commercial products or
commercial services’’ and ‘‘in parts’’ in
their places, respectively.
■ 82. Amend section 13.005 by revising
paragraph (b) to read as follows:
■
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13.106–1
61025
[Amended]
95. Amend section 15.209 by
removing from paragraph (b)(1)(iii) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■ 96. Amend section 15.306 by revising
paragraph (e)(2) to read as follows:
■
15.306 Exchanges with offerors after
receipt of proposals.
*
*
*
*
*
(e) * * *
(2) Reveals an offeror’s technical
solution, including—
(i) Unique technology;
(ii) Innovative and unique uses of
commercial products or commercial
services; or
(iii) Any information that would
compromise an offeror’s intellectual
property to another offeror;
*
*
*
*
*
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15.401
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
[Amended]
97. Amend section 15.401 in the
definition of ‘‘Subcontract’’ by removing
the terms ‘‘commercial items’’ and ‘‘41
U.S.C. 3501(a)(3)’’ and adding
‘‘commercial products or commercial
services’’ and ‘‘41 U.S.C. 3501(a)(2)’’ in
their places, respectively.
■ 98. Amend section 15.403–1 by—
■ a. In paragraph (b)(3), removing the
terms ‘‘commercial item’’ and
‘‘subsection’’ and adding ‘‘commercial
product or commercial service’’ and
‘‘section’’ in their places, respectively;
■ b. In paragraph (b)(5), removing the
terms ‘‘commercial items’’ and
‘‘subsection’’ and adding ‘‘commercial
products or commercial services’’ and
‘‘section’’ in their places, respectively;
■ c. Revising the heading of paragraph
(c)(3) and revising paragraph (c)(3)(i);
■ d. Removing from paragraphs
(c)(3)(ii)(A) and (B) the term
‘‘commercial items’’ and adding
‘‘commercial services’’ in their places,
respectively;
■ e. Revising paragraph (c)(3)(iii)
introductory text;
■ f. Removing from paragraphs
(c)(3)(iii)(A), (B), and (C) the text
‘‘commercial item’’ and adding
‘‘commercial product’’ in their places,
respectively; and
■ g. Removing from paragraph (c)(3)(iv)
the phrase ‘‘for noncommercial supplies
or services treated as commercial items’’
and adding ‘‘for other than commercial
products or services treated as
commercial products or commercial
services’’ in its place.
The revisions read as follows:
■
15.403–1 Prohibition on obtaining certified
cost or pricing data (10 U.S.C. 2306a and 41
U.S.C. chapter 35).
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*
*
*
*
(c) * * *
(3) Commercial products and
commercial services. (i) Any acquisition
that the contracting officer determines
meets the commercial product or
commercial service definition in 2.101,
or any modification, as defined in
paragraph (3)(i) of the commercial
product definition, that does not change
a commercial product to other than
commercial, is exempt from the
requirement for certified cost or pricing
data. If the contracting officer
determines that a product or service
claimed to be commercial is not, and
that no other exception or waiver
applies (e.g., the acquisition is not based
on adequate price competition; the
acquisition is not based on prices set by
law or regulation; and the acquisition
exceeds the threshold for the
submission of certified cost or pricing
data at 15.403–4(a)(1)), the contracting
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officer shall require submission of
certified cost or pricing data.
*
*
*
*
*
(iii) The following requirements apply
to minor modifications defined in
paragraph (3)(ii) of the definition of a
commercial product at 2.101 that do not
change the commercial product to other
than commercial:
*
*
*
*
*
15.403–3
[Amended]
99. Amend section 15.403–3 by—
a. Revising the heading of paragraph
(c);
■ b. Removing from paragraph (c)(1) the
term ‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place;
■ c. Removing from the heading of
paragraph (c)(2) the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place; and
■ d. Removing from paragraphs (c)(2)(i),
(ii), and (iii) the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place.
The revision reads as follows:
■
■
15.403–3 Requiring data other than
certified cost or pricing data.
*
*
*
*
*
(c) Commercial products and
commercial services. * * *
*
*
*
*
*
■ 100. Amend section 15.404–1 by—
■ a. Removing from paragraph (a)(4) the
phrase ‘‘for commercial or noncommercial items’’;
■ b. Revising the heading of paragraph
(b);
■ c. Removing from the last sentence in
paragraph (b)(1) the word ‘‘item’’;
■ d. Removing from paragraph (b)(2)(ii)
introductory text the phrase
‘‘commercial items including those ‘‘of
a type’’ or requiring minor
modifications’’ and adding ‘‘commercial
products or commercial services
including those ‘‘of a type’’ or when
requiring minor modifications for
commercial products’’ in its place;
■ e. Removing from paragraphs
(b)(2)(ii)(C) and (e)(3) the phrase
‘‘commercial items that are ‘‘of a type’’
or requiring minor modifications’’ and
adding ‘‘commercial products or
commercial services that are ‘‘of a type’’,
or requiring minor modifications for
commercial products’’ in its place; and
■ f. Removing from paragraph (f)(2) the
term ‘‘commercial items’’ and adding
‘‘commercial products’’ in its place.
The revision reads as follows:
15.404–1
*
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*
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*
(b) Price analysis. * * *
*
*
*
*
15.404–2
[Amended]
101. Amend section 15.404–2 in
paragraph (a)(2)(iii)(E) by removing the
term ‘‘for an item’’ and adding its place
the term ‘‘for a product or service’’ and
removing the term ‘‘commercial item’’
and adding in its place the phrase
‘‘commercial product or commercial
service’’.
■
15.407–2
[Amended]
102. Amend section 15.407–2 by
removing from paragraph (e)(1) the text
‘‘commercial items’’ and adding
‘‘commercial products, commercial
services’’ in its place.
■
15.408
[Amended]
103. Amend section 15.408 by—
a. Removing from paragraph (f)(1)(v)
the text ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place;
■ b. Removing from paragraphs
(n)(2)(i)(B)(2)(iii), (iv), and (vi) the term
‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place; and
■ c. In table 15–2:
■ i. Revising the section I heading;
■ ii. Revising the section II heading;
■ iii. In paragraph (II)(A)(2), in the
second sentence, removing the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ iv. In paragraph (II)(A)(2), in the ninth
sentence, removing the term
‘‘commercial items’’ and adding
‘‘commercial products’’ in its place; and
■ v. Revising the section III heading.
The revisions read as follows:
■
■
15.408 Solicitation provisions and
contract clauses.
*
*
*
*
*
Table 15–2—Instructions for Submitting
Cost/Price Proposals When Certified
Cost or Pricing Data Are Required
*
*
*
*
*
I. General Instructions
*
*
*
*
*
II. Cost Elements
*
*
*
*
*
III. Formats for Submission of Line
Item Summaries
*
*
15.506
*
*
*
[Amended]
104. Amend section 15.506 by
removing from paragraph (d)(5) the
phrase ‘‘commercial items, the make
■
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
and model of the item’’ and adding
‘‘commercial products, the make and
model of the product’’ in its place.
■ 105. Amend section 15.601 by
revising the definition of ‘‘Commercial
item offer’’ to read as follows:
15.601
Definitions.
*
*
*
*
*
Commercial product or commercial
service offer means an offer of a
commercial product or commercial
service that the vendor wishes to see
introduced in the Government’s supply
system as an alternate or a replacement
for an existing supply item. This term
does not include innovative or unique
configurations or uses of commercial
products or commercial services that are
being offered for further development
and that may be submitted as an
unsolicited proposal.
*
*
*
*
*
(4) The contracting officer may
modify the clause by increasing the 10
percent limit on aggregate increases
specified in 52.216–2(c)(1), upon
approval by the chief of the contracting
office.
(b) * * *
(6) The contracting officer may
modify the clause by increasing the 10
percent limit on aggregate increases
specified in 52.216–3(c)(1), upon
approval by the chief of the contracting
office.
(c) * * *
(5) The contracting officer may
modify the clause by increasing the 10
percent limit on aggregate increases
specified in 52.216–4(c)(4), upon
approval by the chief of the contracting
office.
*
*
*
*
*
16.301–3
[Amended]
111. Amend section 16.301–3 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
15.603
[Amended]
106. Amend section 15.603 by
removing from paragraph (b) the term
‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place.
■
16.307
[Amended]
112. Amend section 16.307 by
removing from paragraph (a)(1) the term
‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place.
■
PART 16—TYPES OF CONTRACTS
107. Amend section 16.001 by adding
in alphabetical order the definition of
‘‘Established price’’ to read as follows:
■
16.506
16.001
Definitions.
*
*
*
*
*
Established price means a price that—
(1) Is an established catalog or market
price for a commercial product sold in
substantial quantities to the general
public; and
(2) Is the net price after applying any
standard trade discounts offered by the
contractor.
*
*
*
*
*
16.201
[Amended]
108. Amend section 16.201 by
removing from paragraph (a) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
16.202–2
[Amended]
109. Amend section 16.202–2 by
removing from the introductory text the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■ 110. Amend section 16.203–4 by
adding paragraphs (a)(4), (b)(6), and
(c)(5) to read as follows:
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■
16.203–4
Contract clauses.
(a) * * *
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[Amended]
113. Amend section 16.506 by
removing from paragraph (h) the words
‘‘See’’ and ‘‘commercial items’’ and
adding ‘‘See’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively.
■ 114. Amend section 16.601 by—
■ a. Removing from paragraph (c)(2)(ii)
the term ‘‘noncommercial items’’ and
adding ‘‘other than commercial
products or commercial services’’ in its
place;
■ b. Removing from paragraph (c)(2)(iv)
the phrase ‘‘the definition of
commercial item at 2.101’’ and adding
‘‘the definition of ‘‘commercial
service’’’’ in its place;
■ c. Removing from paragraph (d)(2) the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place; and
■ d. Revising the first sentence of
paragraph (f)(1) and revising paragraphs
(f)(2) and (3).
The revisions read as follows:
■
16.601
Time-and-materials contracts.
*
*
*
*
*
(f) * * * (1) The contracting officer
shall insert the provision at 52.216–29,
Time-and-Materials/Labor-Hour
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61027
Proposal Requirements—Other Than
Commercial Acquisition With Adequate
Price Competition, in solicitations
contemplating use of a time-andmaterials or labor-hour type of contract
for the acquisition of other than
commercial products or commercial
services, if the price is expected to be
based on adequate price competition.
* * *
(2) The contracting officer shall insert
the provision at 52.216–30, Time-andMaterials/Labor-Hour Proposal
Requirements—Other Than Commercial
Acquisition Without Adequate Price
Competition, in solicitations for the
acquisition of other than commercial
products or commercial services
contemplating use of a time-andmaterials or labor-hour type of contract
if the price is not expected to be based
on adequate price competition.
(3) The contracting officer shall insert
the provision at 52.216–31, Time-andMaterials/Labor-Hour Proposal
Requirements—Commercial
Acquisition, in solicitations
contemplating use of a commercial
time-and-materials or labor-hour
contract.
PART 18—EMERGENCY
ACQUISITIONS
18.201
[Amended]
115. Amend section 18.201 by
removing from paragraph (e) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■ 116. Amend section 18.202 by—
■ a. Revising the heading for paragraph
(c);
■ b. Removing from paragraph (c) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place; and
■ c. Removing from paragraph (d) the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
The revision reads as follows:
■
18.202 Defense or recovery from certain
events.
*
*
*
*
*
(c) Commercial product or
commercial service treatment. * * *
*
*
*
*
*
PART 19—SMALL BUSINESS
PROGRAMS
19.304
[Amended]
117. Amend section 19.304 by
removing from paragraph (b) the term
‘‘Certifications—Commercial Items’’ and
adding ‘‘Certifications—Commercial
■
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
Products and Commercial Services’’ in
its place.
19.701
[Amended]
118. Amend section 19.701 by
removing from the definition of
‘‘Commercial plan’’ the term
‘‘commercial items’’ and adding
‘‘commercial products and performance
of commercial services’’ in its place.
■
19.704
[Amended]
119. Amend section 19.704 by
removing from paragraph (d) the terms
‘‘commercial items’’ and ‘‘commercial
item’’ and adding ‘‘commercial products
and commercial services’’ and
‘‘commercial product or commercial
service’’ in their places, respectively.
■
120. Amend section 22.305 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
[Amended]
121. Amend section 22.604–1 by
removing from paragraph (a) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
22.1302
[Amended]
22.1802
127. Amend section 22.1802 by
removing from paragraph (b)(4)(i) the
term ‘‘Commercial or noncommercial
services’’ and adding ‘‘Services’’ in its
place.
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
23.501
25.103
■
123. Amend section 22.1310 by
removing from paragraph (c) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
25.202
[Amended]
124. Amend section 22.1505 by
removing from paragraph (a) the terms
‘‘commercial items’’ and
‘‘Certifications—Commercial Items’’ and
adding ‘‘commercial products or
commercial services’’ and
‘‘Certifications—Commercial Products
and Commercial Services’’ in their
places, respectively.
[Amended]
125. Amend section 22.1605 by
removing from paragraph (a)
‘‘commercial items’’ and adding
‘‘commercial products, commercial
services,’’ in its place.
20:16 Nov 03, 2021
[Amended]
131. Amend section 25.202 by
removing from paragraph (a)(4) the
terms ‘‘commercial item’’, ‘‘commercial
item’’, and ‘‘Section’’ and adding
‘‘commercial product’’, ‘‘commercial
product’’, and ‘‘section’’ in their places,
respectively.
■
25.703–2
Jkt 256001
[Amended]
132. Amend section 25.703–2 by—
a. Removing from paragraph (b)
introductory text the phrase ‘‘of this
subsection’’ and adding ‘‘of this
section’’ in its place; and
■ b. Removing from paragraph (b)(1) the
term ‘‘commercial items’’ and adding
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Fmt 4701
‘‘commercial products and commercial
services’’ in its place.
25.1001
[Amended]
133. Amend section 25.1001 by
removing from paragraph (a) the text
‘‘Executive Orders—Commercial Items’’
and adding ‘‘Executive Orders—
Commercial Products and Commercial
Services’’ in its place.
■
25.1101
[Amended]
134. Amend section 25.1101 by—
a. In paragraph (a)(1)(i), removing the
word ‘‘Subpart’’ and adding ‘‘subpart’’
in its place;
■ b. In paragraph (a)(1)(ii), removing the
term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place; and
■ c. In paragraph (b)(1)(i)(B), removing
the term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place.
■ 135. Amend section 25.1103 by
revising paragraph (d) to read as
follows:
■
■
25.1103
Other provisions and clauses.
*
*
*
*
*
(d) The contracting officer shall
include in each solicitation for the
acquisition of other than commercial
products or commercial services the
provision at 52.225–20, Prohibition on
Conducting Restricted Business
Operations in Sudan—Certification.
*
*
*
*
*
PART 26—OTHER SOCIOECONOMIC
PROGRAMS
26.206
[Amended]
136. Amend section 26.206 by
removing from paragraph (a) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
PART 27—PATENTS, DATA, AND
COPYRIGHTS
27.102
[Amended]
137. Amend section 27.102 by
removing from paragraph (c) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
■
■
■
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[Amended]
130. Amend section 25.103 by
removing from paragraph (e) the terms
‘‘commercial item’’, ‘‘commercial item’’,
and ‘‘Section’’ and adding ‘‘commercial
product’’, ‘‘commercial product’’, and
‘‘section’’ in their places, respectively.
■
22.1605
[Amended]
129. Amend section 23.501 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
PART 25—FOREIGN ACQUISITION
[Amended]
■
[Amended]
128. Amend section 22.1803 by
removing from paragraph (c)(2) the
phrase ‘‘definition of ‘‘commercial
item’’ at 2.101’’ and adding ‘‘definition
of ‘‘commercial product’’ at 2.101’’ in its
place.
22.1310
22.1505
[Amended]
■
122. Amend section 22.1302 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services,’’ in its place.
■
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126. Amend section 22.1801 in the
definition of ‘‘Commercially available
off-the-shelf (COTS) item’’ by removing
in paragraph (1)(i) the phrase
‘‘commercial item (as defined in
paragraph (1) of the definition at 2.101’’
and adding ‘‘commercial product (as
defined in paragraph (1) of the
definition of ‘‘commercial product’’ at
2.101’’ in its place.
■
■
[Amended]
22.604–1
[Amended]
22.1803
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.305
22.1801
Sfmt 4700
27.201–1
[Amended]
138. Amend section 27.201–1 by
removing from paragraph (d) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place, and by removing
‘‘FAR’’.
■
27.201–2
[Amended]
139. Amend section 27.201–2 by—
a. Removing from paragraph (c)(1) the
term ‘‘commercial items’’ and adding
■
■
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‘‘commercial products or the provision
of commercial services’’ in its place; and
■ b. Removing from paragraph (c)(2)(i)
the term ‘‘commercial items’’ and
adding ‘‘commercial products or the
provision of services that are not
commercial services’’ in its place.
PART 28—BONDS AND INSURANCE
28.106–4
[Amended]
140. Amend section 28.106–4 by
removing from paragraph (b) the words
‘‘Section’’, ‘‘Pub. L.’’ wherever it
appears, ‘‘Sections’’, and ‘‘commercial
items as defined in Subpart’’ and adding
‘‘section’’, ‘‘Public Law’’, ‘‘sections’’,
and ‘‘commercial products or
commercial services as defined in
subpart’’ in their places, respectively.
■
28.106–6
[Amended]
141. Amend section 28.106–6 in
paragraph (d) introductory text by:
■ a. Removing the term ‘‘Pub. L.’’
wherever it appears and adding in its
place ‘‘Public Law’’;
■ b. Removing the word ‘‘Sections’’ and
adding in its place ‘‘sections’’; and
■ c. Removing the phrase ‘‘commercial
items as defined in Subpart’’ and adding
in its place ‘‘commercial products or
commercial services as defined in
subpart’’.
■
PART 29—TAXES
29.402–3
[Amended]
142. Amend section 29.402–3 by
removing from paragraph (a)
introductory text the terms ‘‘FAR part
12’’ and ‘‘commercial items’’ and adding
‘‘part 12’’ and ‘‘commercial products
and commercial services’’ in their
places, respectively.
■
product or commercial service’’ and
‘‘section is sold or transferred’’ in their
places, respectively.
PART 32—CONTRACT FINANCING
32.000
[Amended]
145. Amend section 32.000 by
removing from paragraph (g) the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
32.002
[Amended]
146. Amend section 32.002 by—
a. Removing from paragraph (b) the
terms ‘‘Commercial Item’’ and
‘‘commercial items’’ and adding
‘‘Commercial Product and Commercial
Service’’ and ‘‘commercial products and
commercial services’’ in their places,
respectively;
■ b. Removing from paragraph (c)(1) the
term ‘‘Non-Commercial Item Purchase
Financing’’ and adding ‘‘Financing for
Other Than a Commercial Purchase’’ in
its place; and
■ c. Removing from paragraph (c)(2) the
words ‘‘For Non-Commercial Items’’ and
adding ‘‘for Other Than Commercial
Acquisitions’’ in its place.
■
■
32.005
[Amended]
147. Amend section 32.005 by
removing from paragraph (c) the term
‘‘for Non-Commercial Items’’ and
adding ‘‘for Other Than Commercial
Acquisitions’’ in its place.
■ 148. Revise the heading of subpart
32.1 to read as follows:
■
Subpart 32.1 Financing for Other
Than a Commercial Purchase
32.100
[Amended]
149. Amend section 32.100 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
■
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
30.201–5
[Amended]
143. Amend section 30.201–5 by:
a. In paragraph (b)(1) introductory
text, removing the text ‘‘$15,000,000’’
and adding ‘‘$15 million’’ in its place;
and
■ b. In paragraph (b)(1)(i), removing the
term ‘‘commercial items’’ and adding in
its place ‘‘commercial products or
commercial services’’.
■
■
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PART 31—CONTRACT COST
PRINCIPLES AND PROCEDURES
31.205–26
[Amended]
144. Amend section 31.205–26 by
removing from paragraph (f)
introductory text the phrases
‘‘commercial item’’ and ‘‘subsection is
transferred’’ and adding ‘‘commercial
■
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32.110
[Amended]
150. Amend section 32.110 by
removing from paragraph (a) the term
‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place.
■
32.112
32.112–2 Subcontractor requests for
information.
(a) In accordance with section
806(a)(1) of Public Law 102–190, as
amended by sections 2091 and 8105 of
Public Law 103–355 (10 U.S.C. 2302
note), upon the request of a
subcontractor or supplier under a
Federal contract other than for a
commercial product or commercial
service, the contracting officer shall
promptly advise the subcontractor or
supplier as to—
*
*
*
*
*
■ 153. Revise the heading of subpart
32.2 to read as follows:
Subpart 32.2 Commercial Product
and Commercial Service Purchase
Financing
32.201
151. Amend section 32.112 by
revising the section heading to read as
follows:
■
[Amended]
154. Amend section 32.201 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
■
32.202–1
[Amended]
155. Amend section 32.202–1 by—
a. Removing from paragraph (a) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place; and
■ b. In paragraph (c):
■ i. Removing the term ‘‘noncommercial’’ and adding ‘‘other than
commercial’’ in its place; and
■ ii. Removing the term ‘‘noncommercial’’ wherever it appears and
adding ‘‘other than commercial’’ in its
place.
■
■
32.202–2
[Amended]
156. Amend section 32.202–2 by—
a. Revising the section heading; and
b. Removing from the definition of
‘‘Commercial advance payment’’ the
word ‘‘subsection’’ and the term ‘‘for
Non-Commercial Items’’ and adding
‘‘section’’ and ‘‘for Other Than
Commercial Acquisitions’’ in their
places, respectively.
The revision reads as follows:
■
■
■
32.202–2 Types of payments for
commercial product and commercial
service purchases.
*
[Amended]
61029
*
*
32.202–4
*
*
[Amended]
32.112 Nonpayment of subcontractors
under contracts other than for commercial
products and commercial services.
157. Amend section 32.202–4 by
removing from paragraph (a)(2) the term
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place.
*
32.206
■
■
■
*
*
*
*
152. Amend section 32.112–2 by
revising paragraph (a) introductory text
to read as follows:
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■
[Amended]
158. Amend section 32.206 by—
a. Removing the term ‘‘Commercial
Items’’ wherever it appears and adding
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‘‘Commercial Products and Commercial
Services’’ in its place;
■ b. Removing from paragraph (f) ‘‘noncommercial’’ and adding ‘‘other than
commercial’’ in its place; and
■ c. Removing from paragraph (g)
heading ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■ 159. Revise the heading of subpart
32.4 to read as follows:
Subpart 32.4 Advance Payments for
Other Than Commercial Acquisitions
32.504
[Amended]
160. Amend section 32.504 by
removing from paragraphs (a), (b), and
(g) the term ‘‘commercial item’’ and
adding ‘‘commercial product or
commercial service’’ in its place.
■
32.601
[Amended]
161. Amend section 32.601 by
removing from paragraphs (b)(3) and
(10) the term ‘‘commercial item
financing’’ and adding ‘‘financing of
commercial products or commercial
services’’ in its place.
■
32.904
[Amended]
162. Amend section 32.904 by
removing from paragraph (b)(1)(ii)(B)(4)
the phrase ‘‘commercial item, including
a brand-name commercial item for’’ and
adding ‘‘commercial product or
commercial service, including a brandname commercial product for’’ in its
place.
[Amended]
163. Amend section 32.908 by—
a. Removing from paragraph (c)
introductory text the term ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place; and
■ b. Removing from paragraph (c)(1) the
terms ‘‘commercial item’’ and
‘‘commercial item for’’ and adding
‘‘commercial product or commercial
service’’ and ‘‘commercial product for’’
in their places, respectively.
■
■
PART 37—SERVICE CONTRACTING
37.601
[Amended]
166. Amend section 39.203 by
revising paragraph (d) to read as
follows:
43.105
■
39.203
Applicability.
*
*
*
*
*
(d) Commercial products and
commercial services. When acquiring
commercial products and commercial
services, an agency must comply with
those ICT accessibility standards that
can be met with supplies or services
that are available in the commercial
marketplace and that best address the
agency’s needs, but see 39.205(a)(3).
*
*
*
*
*
■ 167. Amend section 39.205 by
revising paragraphs (a)(3) and (c)(3)
introductory text to read as follows:
(a) * * *
(3) Nonavailability of conforming
commercial products and commercial
services. Where there are no commercial
products and commercial services that
fully conform to the ICT accessibility
standards, the agency shall procure the
supplies or service available in the
commercial marketplace that best meets
the ICT accessibility standards
consistent with the agency’s needs.
*
*
*
*
*
(c) * * *
(3) Nonavailability of conforming
commercial products and commercial
services. A determination of commercial
products and commercial services
nonavailability shall include—
*
*
*
*
*
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
42.709–1
[Amended]
168. Amend section 42.709–1 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
[Amended]
PART 38—FEDERAL SUPPLY
SCHEDULE CONTRACTING
169. Amend section 42.709–7 by
removing the text ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
38.101
42.1305
■
[Amended]
165. Amend section 38.101 by
removing from paragraph (a) the phrase
‘‘commercial supplies and services’’ and
adding ‘‘commercial supplies and
commercial services’’ in its place.
■
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[Amended]
170. Amend section 42.1305 by
removing from paragraph (c) the text
‘‘modified-commercial items’’ wherever
it appears and adding ‘‘modifiedcommercial products’’ in its place.
■
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[Amended]
171. Amend section 43.105 by
removing from paragraph (c) the phrase
‘‘commercial items, including
commercially available off-the-shelf
items’’ and adding ‘‘commercial
products, including commercially
available off-the-shelf items, and
commercial services’’ in its place.
■
PART 44—SUBCONTRACTING
POLICIES AND PROCEDURES
44.000
[Amended]
172. Amend section 44.000 by
removing from paragraph (b) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
44.302
Exemptions.
42.709–7
164. Amend section 37.601 by
removing paragraph (c).
■
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PART 43—CONTRACT
MODIFICATIONS
39.205
■
32.908
PART 39—ACQUISITION OF
INFORMATION TECHNOLOGY
[Amended]
173. Amend section 44.302 by
removing from paragraph (a) the terms
‘‘commercial items’’ and ‘‘Part 12’’ and
adding ‘‘commercial products and
commercial services’’ and ‘‘part 12’’ in
their places, respectively.
■
44.303
[Amended]
174. Amend section 44.303 by
removing from the introductory text the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■ 175. Revise the heading for subpart
44.4 to read as follows:
■
Subpart 44.4 Subcontracts for
Commercial Products and Commercial
Services
44.400
[Amended]
176. Amend section 44.400 by
removing the text ‘‘commercial items or
commercial components’’ and adding
‘‘commercial products, including
commercial components, or commercial
services’’ in its place.
■
44.402
[Amended]
177. Amend section 44.402 by—
a. Removing from paragraph (a)(1) the
words ‘‘commercial items’’ and adding
‘‘commercial products, commercial
services,’’ in its place;
■ b. Removing from paragraph (a)(2)
introductory text the phrase
‘‘commercial items or commercial
components’’ and adding ‘‘commercial
products or commercial services’’ in its
place;
■ c. Removing from paragraph (a)(2)(i)
the phrase ‘‘executive orders applicable
to subcontractors furnishing commercial
items or commercial components’’ and
adding ‘‘Executive orders applicable to
■
■
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subcontractors furnishing commercial
products or commercial services’’ in its
place;
■ d. Removing from paragraph (b) the
terms ‘‘Commercial Items’’ and
‘‘commercial items or commercial
components’’ and adding ‘‘Commercial
Products and Commercial Services’’ and
‘‘commercial products or commercial
services’’ in their places, respectively;
and
■ e. Removing from paragraph (c) the
words ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
44.403
[Amended]
178. Amend section 44.403 by
removing the terms ‘‘Commercial Items’’
and ‘‘commercial items’’ and adding
‘‘Commercial Products and Commercial
Services’’ and ‘‘commercial products or
commercial services’’ in their places,
respectively.
■
PART 46—QUALITY ASSURANCE
46.102
[Amended]
179. Amend section 46.102 by—
a. Removing from paragraph (b) the
phrase ‘‘services tendered’’ and adding
‘‘services (including commercial
services) tendered’’ in its place; and
■ b. Removing from paragraph (f) the
phrases ‘‘commercial items shall’’ and
‘‘commercial item’’ and adding
‘‘commercial products’’ and
‘‘commercial product’’ in their places,
respectively.
■ 180. Revise section 46.202–1 to read
as follows:
■
■
46.202–1 Contracts for commercial
products and commercial services.
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When acquiring commercial products
(see part 12), the Government shall rely
on contractors’ existing quality
assurance systems as a substitute for
Government inspection and testing
before tender for acceptance unless
customary market practices for the
commercial product being acquired
include in-process inspection. Any inprocess inspection by the Government
shall be conducted in a manner
consistent with commercial practice.
The Government shall rely on the
contractor to accomplish all inspection
and testing needed to ensure that
commercial services acquired conform
to contract requirements before they are
tendered to the Government.
46.317
[Amended]
181. Amend section 46.317 by
removing from paragraph (b)(1) the term
‘‘Commercial items’’ and adding
‘‘Commercial products and commercial
services’’ in its place.
■
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182. Amend section 46.706 by—
a. Removing from paragraph (b)(1)(iii)
the term ‘‘commercial items’’ and
adding ‘‘commercial products and
commercial services’’ in its place; and
■ b. Revising paragraph (b)(5).
The revision reads as follows:
■
■
46.706
Warranty terms and conditions.
*
*
*
*
*
(b) * * *
(5) Markings. (i) The packaging and
preservation requirements of the
contract shall require the contractor to
stamp or mark the supplies delivered or
otherwise furnish notice with the
supplies of the existence of the
warranty. The purpose of the markings
or notice is to inform Government
personnel who store, stock, or use the
supplies that the supplies are under
warranty. Markings may be brief but
should include—
(A) A brief statement that a warranty
exists;
(B) The substance of the warranty;
(C) Its duration; and
(D) Who to notify if the supplies are
found to be defective.
(ii) For commercial products (see
46.709), the contractor’s trade practice
in warranty marking is acceptable if
sufficient information is presented for
supply personnel and users to identify
warranted supplies.
*
*
*
*
*
■ 183. Amend section 46.709 by:
■ a. Revising the section heading; and
■ b. Removing the term ‘‘commercial
items’’ and adding ‘‘commercial
products and commercial services’’ in
its place.
The revision reads as follows:
46.709 Warranties of commercial products
and commercial services.
*
*
46.710
*
*
*
[Amended]
184. Amend section 46.710 by
removing from the introductory text the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■ 185. Amend section 46.801 by
revising paragraph (a) to read as follows:
■
46.801
Applicability.
(a) This subpart does not apply to
commercial products and commercial
services. This subpart applies to
contracts other than those for—
(1) Information technology, including
telecommunications;
(2) Construction;
(3) Architect-engineer services; and
(4) Maintenance and rehabilitation of
real property.
*
*
*
*
*
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PART 47—TRANSPORTATION
47.405
[Amended]
186. Amend section 47.405 by
removing the quote marks in the first
sentence, and by removing in the
second sentence ‘‘commercial items’’
and adding ‘‘commercial products’’ in
its place.
■
47.504
[Amended]
187. Amend section 47.504 by:
a. In paragraph (d) introductory text,
removing the phrase ‘‘commercial items
or commercial components’’ and adding
‘‘commercial products, including
commercial components, or commercial
services’’ in its place; and
■ b. In paragraph (d)(4) introductory
text, removing the term ‘‘commercial
items’’ and adding ‘‘commercial
products’’ in its place.
■
■
47.507
[Amended]
188. Amend section 47.507 by
removing from paragraph (a)(3) the
terms ‘‘Alternate II’’ and ‘‘commercial
items’’ and adding ‘‘Alternate II’’ and
‘‘commercial products’’ in their places,
respectively.
■
PART 49—TERMINATION OF
CONTRACTS
49.002
[Amended]
189. Amend section 49.002 in
paragraph (a)(2) by:
■ a. Removing the term ‘‘commercial
item’’ and adding in its place
‘‘commercial product and commercial
service’’;
■ b. Removing the term ‘‘commercial
items’’ wherever it appears and adding
in its place ‘‘commercial products and
commercial services’’; and
■ c. Removing the term ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
its place.
■
49.501
[Amended]
190. Amend section 49.501 by
removing the text ‘‘Commercial Items’’
and adding ‘‘Commercial Products and
Commercial Services’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
191. Amend section 52.203–6 by:
a. Revising the date of Alternate I; and
b. Removing from paragraph (b) of
Alternate I the terms ‘‘commercial
items’’ and ‘‘commercial item(s)’’ and
adding ‘‘commercial products or
commercial services’’ and ‘‘commercial
product(s) and commercial service(s)’’
in their places, respectively.
The revision reads as follows:
■
■
■
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52.203–6 Restrictions on Subcontractor
Sales to the Government.
*
*
*
*
*
Alternate I (NOV 2021). * * *
*
*
*
*
*
■ 192. Amend section 52.203–13 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (c) the
term ‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place.
The revision reads as follows:
52.203–13 Contractor Code of Business
Ethics and Conduct.
*
*
*
*
*
Contractor Code of Business Ethics and
Conduct (NOV 2021)
*
*
*
*
*
193. Amend section 52.203–14 by:
a. Revising the date of the clause; and
b. Removing from paragraph (d)(1) the
term ‘‘commercial item’’ and adding
‘‘commercial product or commercial
service’’ in its place.
The revision reads as follows:
■
■
■
52.203–14
Display of Hotline Poster(s).
*
*
*
*
*
*
*
*
*
*
194. Amend section 52.204–8 by:
a. Revising the date of the provision;
and
■ b. Removing from paragraph
(c)(1)(xvi) the term ‘‘commercial items’’
and adding ‘‘commercial products or
commercial services’’ in its place.
The revision reads as follows:
■
■
52.204–8 Annual Representations and
Certifications.
*
*
*
*
*
*
*
■ 195. Amend section 52.204–21 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (c) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
The revision reads as follows:
52.204–21 Basic Safeguarding of Covered
Contractor Information Systems.
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*
*
*
Basic Safeguarding of Covered
Contractor Information Systems (NOV
2021)
*
*
*
*
*
196. Amend section 52.204–23 by:
a. Revising the date of the clause; and
b. Removing from paragraph (d) the
phrases ‘‘in all subcontracts,’’ and
■
■
■
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*
*
*
*
Prohibition on Contracting for
Hardware, Software, and Services
Developed or Provided by Kaspersky
Lab and Other Covered Entities (NOV
2021)
*
*
*
*
*
197. Amend section 52.204–24 by:
a. Revising the date of the clause; and
b. Removing from the introductory
paragraph the term ‘‘Commercial Items’’
and adding ‘‘Commercial Products and
Commercial Services’’ in its place.
The revision reads as follows:
■
■
■
52.204–24 Representation Regarding
Certain Telecommunications and Video
Surveillance Services or Equipment.
*
*
*
*
Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
(NOV 2021)
*
*
*
*
*
198. Amend section 52.204–25 by:
a. Revising the date of the clause; and
b. Removing from paragraph (e) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
The revision reads as follows:
■
■
■
*
*
*
*
52.204–25 Prohibition on Contracting for
Certain Telecommunications and Video
Surveillance Services or Equipment.
*
Annual Representations and
Certifications (NOV 2021)
*
52.204–23 Prohibition on Contracting for
Hardware, Software, and Services
Developed or Provided by Kaspersky Lab
and Other Covered Entities.
*
Display of Hotline Poster(s) (NOV 2021)
*
‘‘commercial items’’ and adding ‘‘in all
subcontracts’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively.
The revision reads as follows:
*
*
*
*
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment
(NOV 2021)
*
*
*
*
*
199. Amend section 52.209–6 by—
a. Revising the date of the clause;
b. Removing from paragraph (a)
introductory text the word ‘‘item’’ and
adding ‘‘item’’ in its place;
■ c. Removing from paragraph (a)(1)(i)
the phrase ‘‘commercial item (as defined
in paragraph (1) of the definition in’’
and adding ‘‘commercial product (as
defined in paragraph (1) of the
definition of ‘‘commercial product’’ in’’
in its place; and
■ d. Removing from paragraph (e) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
■
■
■
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The revision reads as follows:
52.209–6 Protecting the Government’s
Interest When Subcontracting With
Contractors Debarred, Suspended, or
Proposed for Debarment.
*
*
*
*
*
Protecting the Government’s Interest
When Subcontracting With Contractors
Debarred, Suspended, or Proposed for
Debarment (NOV 2021)
*
*
*
*
*
200. Amend section 52.209–13 by:
a. Revising the date of the provision;
and
■ b. Removing from paragraph (a) the
phrase ‘‘commercial items as defined at
FAR 2.101’’ and adding ‘‘commercial
products and commercial services as
defined in Federal Acquisition
Regulation 2.101’’ in its place.
The revision reads as follows:
■
■
52.209–13 Violation of Arms Control
Treaties or Agreements—Certification.
*
*
*
*
*
Violation of Arms Control Treaties or
Agreements—Certification (NOV 2021)
*
*
*
*
*
201. Amend section 52.209–14 by:
a. Revising the date of the clause; and
b. Removing from paragraph (d)(1) the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
The revision reads as follows:
■
■
■
52.209–14 Reserve Officer Training Corps
and Military Recruiting on Campus.
*
*
*
*
*
Reserve Officer Training Corps and
Military Recruiting on Campus (NOV
2021)
*
*
*
*
*
202. Amend section 52.210–1 by—
a. Revising the date of the clause;
b. Revising paragraph (a);
c. Revising the introductory text of
paragraph (b);
■ d. Removing from the introductory
text of paragraph (b)(1) the phrase
‘‘commercial items or, to the extent
commercial items’’ and adding
‘‘commercial products, commercial
services, or, to the extent commercial
products’’ in its place; and
■ e. Removing from paragraph (b)(2) the
term ‘‘commercial items’’ and adding
‘‘commercial products, commercial
services,’’ in its place.
The revisions read as follows:
■
■
■
■
52.210–1
*
*
Market Research.
*
*
*
Market Research (NOV 2021)
(a) Definition. As used in this clause—
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Commercial product, commercial
service, and nondevelopmental item
have the meaning contained in Federal
Acquisition Regulation (FAR) 2.101.
(b) Before awarding subcontracts for
other than commercial acquisitions,
where the subcontracts are over the
simplified acquisition threshold, as
defined in FAR 2.101 on the date of
subcontract award, the Contractor shall
conduct market research to—
*
*
*
*
*
■ 203. Amend section 52.212–1 by—
■ a. Revising the section heading;
■ b. Revising the heading and date of
the provision;
■ c. Removing from paragraph (b)(8) the
term ‘‘FAR 52.212–3’’ and adding
‘‘Federal Acquisition Regulation (FAR)
52.212–3’’ in its place;
■ d. Removing from paragraph (e) the
phrase ‘‘subpart 4.10 of the Federal
Acquisition Regulation’’ and
‘‘commercial items’’ and adding ‘‘FAR
subpart 4.10’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively; and
■ e. Removing from paragraph (l)(5) the
phrase ‘‘commercial items, the make
and model of the item’’ and adding
‘‘commercial products, the make and
model of the product’’ in its place.
The revisions read as follows:
52.212–1 Instructions to Offerors—
Commercial Products and Commercial
Services.
*
*
*
*
*
*
*
*
*
204. Amend section 52.212–2 by
revising the section heading and the
heading and date of the provision to
read as follows:
■
52.212–2 Evaluation—Commercial
Products and Commercial Services.
*
*
*
*
Evaluation—Commercial Products and
Commercial Services (NOV 2021)
*
*
*
*
*
205. Amend section 52.212–3 by—
a. Revising the section heading;
b. Revising the heading and date of
the provision; and
■ c. Removing from paragraph (b)(2) the
term ‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place.
The revisions read as follows:
lotter on DSK11XQN23PROD with RULES2
■
■
■
52.212–3 Offeror Representations and
Certifications—Commercial Products and
Commercial Services.
*
*
*
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*
*
20:16 Nov 03, 2021
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*
*
*
*
*
206. Amend section 52.212–4 by—
a. Revising the section heading;
b. Revising the heading and date of
the clause;
■ c. Removing from paragraph (d) the
term ‘‘FAR’’ and adding ‘‘Federal
Acquisition Regulation (FAR)’’ in its
place;
■ d. Removing from paragraph (i)(6)(vii)
the phrase ‘‘32.608–2 of the Federal
Acquisition Regulation’’ and adding
‘‘FAR 32.608–2’’ in its place;
■ e. Revising the date of Alternate I;
■ f. Removing from the introductory text
of paragraph (i)(1)(ii)(A) of Alternate I
the words ‘‘commercial item at’’ and
adding ‘‘commercial product at FAR’’ in
its place; and
■ g. Removing from paragraph (i)(6)(vii)
of Alternate I the phrase ‘‘32.608–2 of
the Federal Acquisition Regulation’’ and
adding ‘‘FAR 32.608–2’’ in its place.
The revisions read as follows:
■
■
■
52.212–4 Contract Terms and
Conditions—Commercial Products and
Commercial Services.
*
*
*
*
*
Contract Terms and Conditions—
Commercial Products and Commercial
Services (NOV 2021)
*
*
Instructions to Offerors—Commercial
Products and Commercial Services
(NOV 2021)
*
Offeror Representations and
Certifications—Commercial Products
and Commercial Services (NOV 2021)
*
*
*
*
Alternate I (NOV 2021). * * *
*
*
*
*
*
■ 207. Amend section 52.212–5 by—
■ a. Revising the section heading;
■ b. Revising the heading and date of
the clause;
■ c. Removing from paragraph (a)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products and commercial services’’ in
its place;
■ d. Removing from paragraph (a)(2) the
date ‘‘(JUL 2018)’’ and adding ‘‘(NOV
2021)’’ in its place;
■ e. Removing from paragraph (a)(3) the
date ‘‘(AUG 2020)’’ and adding ‘‘(NOV
2021)’’ in its place;
■ f. In paragraph (b) introductory text:
■ i. Removing the term ‘‘commercial
items’’ and adding ‘‘commercial
products and commercial services’’ in
its place; and
■ ii. Removing the phrase ‘‘[Contracting
Officer check as appropriate.]’’ and
adding in its place ‘‘[Contracting Officer
check as appropriate.]’’;
■ g. Removing from paragraph (b)(1) the
date ‘‘(OCT 1995)’’ and adding ‘‘(NOV
2021)’’ in its place;
■ h. Removing from paragraph (b)(2) the
date ‘‘(JUN 2020)’’ and adding ‘‘(NOV
2021)’’ in its place;
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i. Removing from paragraph (b)(8) the
date ‘‘(JUN 2020)’’ and adding ‘‘(NOV
2021)’’ in its place;
■ j. Removing from paragraph (b)(17)(i)
the date ‘‘(SEP 2021)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ k. Removing from paragraph (b)(35)(i)
the date ‘‘(OCT 2020)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ l. In paragraph (b)(36):
■ i. Removing the date ‘‘(OCT 2015)’’,
and adding (NOV 2021) in its place; and
■ ii. Removing the terms ‘‘commercial
items’’ and ‘‘22.1803’’ and adding
‘‘commercial products or commercial
services’’ and ‘‘FAR 22.1803’’ in their
places, respectively;
■ m. Removing from paragraph (b)(48)
the date ‘‘(JAN 2021)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ n. Removing from paragraph (b)(49)(i)
the date ‘‘(JAN 2021)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ o. Removing from paragraph (b)(56)
the term ‘‘Commercial Items’’ and date
‘‘(FEB 2002)’’ and adding ‘‘Commercial
Products and Commercial Services’’ and
‘‘(NOV 2021)’’ in their places,
respectively;
■ p. Removing from paragraph (b)(57)
the term ‘‘Commercial Items’’ and date
‘‘(JAN 2017)’’ and adding ‘‘Commercial
Products and Commercial Services’’ and
‘‘(NOV 2021)’’ in their places,
respectively;
■ q. Removing from paragraph (b)(63)(i)
the date ‘‘(FEB 2006)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ r. Removing from paragraph
(b)(63)(iii) the date ‘‘(FEB 2006)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■ s. Removing from paragraph (c)
introductory text the term ‘‘commercial
items’’ and phrase ‘‘[Contracting Officer
check as appropriate.]’’ and adding
‘‘commercial products and commercial
services’’ and ‘‘[Contracting Officer
check as appropriate.]’’ in their places,
respectively;
■ t. Removing from paragraph (e)(1)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place;
■ u. Removing from paragraph (e)(1)(i)
the date ‘‘(JUN 2020)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ v. Removing from paragraph (e)(1)(iii)
the date ‘‘(JUL 2018)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ w. Removing from paragraph (e)(1)(iv)
the date ‘‘(AUG 2020)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ x. Removing from paragraph
(e)(1)(xiii)(A) the date ‘‘(OCT 2020)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■ y. Removing from paragraph
(e)(1)(xvi) the date ‘‘(OCT 2015)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■
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z. Removing from paragraph
(e)(1)(xxii) the date ‘‘(FEB 2006)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■ aa. Removing from paragraph (e)(2)
the phrase ‘‘May include in its
subcontracts for commercial items’’ and
adding ‘‘may include in its subcontracts
for commercial products and
commercial services’’ in its place;
■ bb. Revising the date of Alternate II;
■ cc. Removing from the introductory
text of paragraph (e)(1) of Alternate II
the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place;
■ dd. Removing from paragraph
(e)(1)(ii)(A) of Alternate II the date
‘‘(JUN 2020)’’ and adding ‘‘(NOV 2021)’’
in its place;
■ ee. Removing from paragraph
(e)(1)(ii)(C) of Alternate II the date ‘‘(JUL
2018)’’ and adding ‘‘(NOV 2021)’’ in its
place;
■ ff. Removing from paragraph
(e)(1)(ii)(D) of Alternate II the date
‘‘(AUG 2020)’’ and adding ‘‘(NOV
2021)’’ in its place;
■ gg. Removing from paragraph
(e)(1)(ii)(L)(1) of Alternate II the date
‘‘(OCT 2020)’’ and adding ‘‘(NOV 2021)’’
in its place;
■ hh. Removing from paragraph
(e)(1)(ii)(O) of Alternate II the date
‘‘(OCT 2015)’’ and adding ‘‘(NOV 2021)’’
in its place; and
■ ii. Removing from paragraph
(e)(1)(ii)(U) of Alternate II the date
‘‘(FEB 2006)’’ and adding ‘‘(NOV 2021)’’
in its place.
The revisions read as follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Products
and Commercial Services.
*
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial
Products and Commercial Services
(NOV 2021)
lotter on DSK11XQN23PROD with RULES2
*
20:16 Nov 03, 2021
Jkt 256001
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Products and Commercial
Services).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Products and Commercial Services)
(NOV 2021)
*
*
*
*
*
209. Amend section 52.215–1 by—
a. Revising the heading and date of the
provision; and
■ b. Removing from paragraph (f)(11)(v)
‘‘commercial items, the make and model
of the item’’ and adding ‘‘commercial
products, the make and model of the
product’’ in its place.
The revisions read as follows:
■
■
52.215–1 Instructions to Offerors—
Competitive Acquisition.
*
*
*
*
*
Alternate II (NOV 2021) * * *
*
*
*
*
*
■ 208. Amend section 52.213–4 by—
■ a. Revising the section heading;
■ b. Revising the heading and date of
the clause;
■ c. Removing from paragraph (a)(1)(ii)
the date ‘‘(JUL 2018)’’ and adding in its
place ‘‘(NOV 2021)’’;
■ d. Removing from paragraph (a)(1)(iii)
the date ‘‘(AUG 2020)’’ and adding in its
place ‘‘(NOV 2021)’’;
■ e. Removing from paragraph (a)(2)(vi)
the date ‘‘(DEC 2013)’’ and adding in its
place ‘‘(NOV 2021)’’;
■ f. In paragraph (a)(2)(viii):
VerDate Sep<11>2014
i. Removing the term ‘‘Commercial
Items’’ and adding in its place
‘‘Commercial Products and Commercial
Services’’; and
■ ii. Removing the date ‘‘(JUL 2021)’’
and adding ‘‘(NOV 2021)’’ in its place;
■ g. Removing from paragraph
(b)(1)(viii)(A) the date ‘‘(OCT 2020)’’
and adding in its place ‘‘(NOV 2021)’’;
■ h. Removing from paragraph
(b)(1)(xvii) the date ‘‘(JAN 2021)’’ and
adding in its place ‘‘(NOV 2021)’’;
■ i. Removing from paragraph (b)(1)(xxi)
the date ‘‘(FEB 2006)’’ and adding in its
place ‘‘(NOV 2021)’’;
■ j. In paragraph (b)(2)(i):
■ i. Removing the date ‘‘(JUN 2016)’’
and adding in its place ‘‘(NOV 2021)’’;
and
■ ii. Removing the phrase ‘‘its
information system.’’ and adding ‘‘its
information system.)’’ in its place; and
■ k. Removing from paragraph (b)(2)(ii)
the date ‘‘(JUN 2020)’’ and adding in its
place ‘‘(NOV 2021)’’.
The revisions read as follows:
■
*
*
*
*
Instructions to Offerors—Competitive
Acquisition (NOV 2021)
*
*
*
*
*
210. Amend section 52.215–14 by—
a. Revising the date of the clause; and
b. Removing from paragraph (c) the
term ‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
The revision reads as follows:
■
■
■
52.215–14
Integrity of Unit Prices.
*
*
*
*
*
Integrity of Unit Prices (NOV 2021)
*
■
*
*
*
*
211. Amend section 52.215–20 by—
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a. Revising the date of the provision;
and
■ b. Removing from paragraph (a)(1)(ii)
the terms ‘‘Commercial item’’ and
‘‘commercial item’’ and adding
‘‘Commercial product and commercial
service’’ and ‘‘commercial product and
commercial service’’ in their places,
respectively.
The revision reads as follows:
■
52.215–20 Requirements for Certified Cost
or Pricing Data and Data Other Than
Certified Cost or Pricing Data.
*
*
*
*
*
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data (NOV
2021)
*
*
*
*
*
212. Amend section 52.215–21 by—
a. Revising the date of the clause;
b. Removing from the introductory
text of paragraph (a)(1)(ii) the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place;
■ c. Removing from paragraph
(a)(1)(ii)(A)(1) the term ‘‘commercial
item’’ and adding ‘‘commercial product
or commercial service’’ in its place;
■ d. Removing from paragraph
(a)(1)(ii)(A)(2) the phrase ‘‘commercial
item to a contract or subcontract for the
acquisition of an item other than a
commercial item’’ and adding
‘‘commercial product or commercial
service, to a contract or subcontract for
the acquisition of other than a
commercial product or commercial
service’’ in its place;
■ e. Redesignating paragraph (a)(1)(ii)(B)
as paragraph (a)(1)(ii)(B); and
■ f. Removing from newly redesignated
paragraph (a)(1)(ii)(B) the term
‘‘commercial item’’ and adding
‘‘commercial product and commercial
service’’ in its place.
The revision reads as follows:
■
■
■
52.215–21 Requirements for Certified Cost
or Pricing Data and Data Other Than
Certified Cost or Pricing Data—
Modifications.
*
*
*
*
*
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data—
Modifications (NOV 2021)
*
*
*
*
*
213. Amend section 52.216–2 by—
a. Revising the introductory text;
b. Revising the date of the clause; and
c. Removing from paragraph (a) the
term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place.
The revisions read as follows:
■
■
■
■
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52.216–2 Economic Price Adjustment—
Standard Supplies.
As prescribed in 16.203–4(a), insert
the following clause:
*
*
*
*
*
Time-and-Materials/Labor-Hour
Proposal Requirements—Other Than
Commercial Acquisition Without
Adequate Price Competition (NOV
2021)
Economic Price Adjustment—Standard
Supplies (NOV 2021)
■
*
*
*
*
*
214. Amend section 52.216–3 by—
■ a. Revising the introductory text;
■ b. Revising the date of the clause; and
■ c. Removing from paragraph (a) the
term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place.
The revisions read as follows:
■
52.216–3 Economic Price Adjustment—
Semistandard Supplies.
Economic Price Adjustment—
Semistandard Supplies (NOV 2021)
*
*
*
*
*
215. Amend section 52.216–4 by
revising the introductory text to read as
follows:
■
52.216–4 Economic Price Adjustment—
Labor and Material.
As prescribed in 16.203–4(c), insert
the following clause:
*
*
*
*
*
■ 216. Amend section 52.216–29 by
revising the section heading and the
heading and date of the provision to
read as follows:
52.216–29 Time-and-Materials/Labor-Hour
Proposal Requirements—Other Than
Commercial Acquisition With Adequate
Price Competition.
*
*
*
*
Time-and-Materials/Labor-Hour
Proposal Requirements—Other Than
Commercial Acquisition With Adequate
Price Competition (NOV 2021)
*
*
*
*
*
217. Amend section 52.216–30 by—
■ a. Revising the section heading;
■ b. Revising the heading and date of
the provision; and
■ c. Removing from paragraph (d) the
phrase ‘‘commercial item at 2.101’’ and
adding ‘‘ ‘‘commercial service’’ at
Federal Acquisition Regulation 2.101’’
in its place.
The revisions read as follows:
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■
52.216–30 Time-and-Materials/Labor-Hour
Proposal Requirements—Other Than
Commercial Acquisition Without Adequate
Price Competition.
*
*
*
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*
*
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*
*
*
*
218. Amend section 52.216–31 by
revising the section heading and the
heading and date of the provision to
read as follows:
52.216–31 Time-and-Materials/Labor-Hour
Proposal Requirements—Commercial
Acquisition.
*
*
*
*
*
Time-and-Materials/Labor-Hour
Proposal Requirements—Commercial
Acquisition (NOV 2021)
*
As prescribed in 16.203–4(b), insert
the following clause:
*
*
*
*
*
*
*
*
*
*
*
■ 219. Amend section 52.219–9 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (b) the
definition of ‘‘Commercial item’’;
■ c. Removing from the definition of
‘‘Commercial plan’’ the term
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place;
■ d. Adding, in alphabetical order, the
definitions ‘‘Commercial product’’ and
‘‘Commercial service’’;
■ e. Removing from paragraph (g) the
terms ‘‘commercial items’’ and
‘‘commercial item’’ and adding
‘‘commercial products and commercial
services’’ and ‘‘commercial product or
commercial service’’ in their places,
respectively; and
■ f. In paragraph (j):
■ i. Removing the term ‘‘52.212–5’’ and
adding in its place ‘‘FAR 52.212–5’’;
■ ii. Removing the term ‘‘Commercial
Items’’ wherever it appears and adding
in its place ‘‘Commercial Products and
Commercial Services’’;
■ iii. Removing the term ‘‘commercial
item’’ and adding in its place
‘‘commercial product or commercial
service’’; and
■ iv. Removing the term ‘‘52.244–6’’ and
adding ‘‘FAR 52.244–6’’ in its place.
The additions and revisions read as
follows:
52.219–9
Plan.
*
*
Small Business Subcontracting
*
*
*
Small Business Subcontracting Plan
(NOV 2021)
*
*
*
*
*
(b) * * *
Commercial product means a product
that satisfies the definition of
‘‘commercial product’’ in Federal
Acquisition Regulation (FAR) 2.101.
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Commercial service means a service
that satisfies the definition of
‘‘commercial service’’ in FAR 2.101.
*
*
*
*
*
■ 220. Amend section 52.222–50 by—
■ a. Revising the date of the clause; and
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’:
■ i. Removing the word ‘‘means’’ in the
introductory text; and
■ ii. Revising paragraph (1) introductory
text and (1)(i).
The revisions read as follows:
52.222–50
Persons.
Combating Trafficking in
*
*
*
*
*
Combating Trafficking in Persons (NOV
2021)
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item—(1) Means any item of
supply (including construction material)
that is—
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
*
*
*
*
*
■ 221. Amend section 52.222–54 by—
■ a. Revising the date of the clause;
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’, revising paragraph (1)(i);
and
■ c. Removing from paragraph (e)(1)(i)
the term ‘‘Commercial or
noncommercial services’’ and adding
‘‘Services’’ in its place.
The revisions read as follows:
52.222–54 Employment Eligibility
Verification.
*
*
*
*
*
Employment Eligibility Verification
(NOV 2021)
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item—
(1) * * *
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
*
*
*
*
*
■ 222. Amend section 52.225–1 by—
■ a. Revising the date of the clause; and
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’, revising paragraph (1)(i).
The revisions read as follows:
52.225–1
*
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Buy American—Supplies.
*
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61036
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Buy American—Supplies (NOV 2021)
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item—(1) * * *
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
*
*
*
*
*
■ 223. Amend section 52.225–3 by—
■ a. Revising the date of the clause; and
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’, revising paragraph (1)(i).
The revisions read as follows:
52.225–3 Buy American—Free Trade
Agreements—Israeli Trade Act.
*
*
*
*
*
Buy American—Free Trade
Agreements—Israeli Trade Act (NOV
2021)
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item—(1) * * *
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
*
*
*
*
*
■ 226. Amend section 52.229–13 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (c) the
phrases ‘‘in all subcontracts,’’ and
‘‘commercial items’’ and adding ‘‘in all
subcontracts’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively.
The revision reads as follows:
52.229–13 Taxes—Foreign Contracts in
Afghanistan.
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item—(1) * * *
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
*
*
*
*
*
■ 224. Amend section 52.225–9 by—
■ a. Revising the date of the clause;
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’, revising paragraph (1)(i);
and
■ c. Removing from paragraph (b)(2) the
term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place.
The revisions read as follows:
52.225–9 Buy American—Construction
Materials.
lotter on DSK11XQN23PROD with RULES2
Buy American—Construction Materials
Under Trade Agreements (NOV 2021)
Buy American—Construction Materials
(NOV 2021)
(a) * * *
Commercially available off-the-shelf
(COTS) item—(1) * * *
(i) A commercial product (as defined
in paragraph (1) of the definition of
‘‘commercial product’’ at Federal
Acquisition Regulation (FAR) 2.101;
■ 225. Amend section 52.225–11 by—
■ a. Revising the date of the clause;
■ b. In paragraph (a), in the definition of
‘‘Commercially available off-the-shelf
(COTS) item’’, revising paragraph (1)(i);
and
■ c. Removing from paragraph (b)(3) the
term ‘‘commercial item’’ and adding
‘‘commercial product’’ in its place.
The revisions read as follows:
229. Amend section 52.232–16 by—
a. Revising the date of the clause;
b. Removing from paragraph (j)(5)
introductory text the term ‘‘commercial
item’’ and adding ‘‘commercial product
or commercial service’’ in its place; and
■ c. Removing from paragraph (j)(5)(i)
the phrase ‘‘commercial item purchase
that meets the definition and standards
for acquisition of commercial items in
FAR Parts’’ and adding ‘‘commercial
product or commercial service purchase
that meets the definition and standards
for acquisition of commercial products
and commercial services in FAR parts’’
in its place.
The revision reads as follows:
■
■
■
52.232–16
Progress Payments.
*
*
*
*
*
Progress Payments (NOV 2021)
■
■
■
*
*
*
*
227. Amend section 52.229–14 by:
a. Revising the date of the clause; and
b. Removing from paragraph (c) the
phrases ‘‘in all subcontracts’’ and
‘‘commercial items’’ and adding ‘‘in all
subcontracts’’ and ‘‘commercial
products or commercial services’’ in
their places, respectively.
The revision reads as follows:
*
*
*
*
230. Amend section 52.232–29 by—
a. Revising the section heading;
b. Revising the heading and date of
the clause;
■ c. Removing from paragraph (b) the
phrase ‘‘52.212–4, Contract Terms and
Conditions—Commercial Items’’ and
adding ‘‘Federal Acquisition Regulation
(FAR) 52.212–4, Contract Terms and
Conditions—Commercial Products and
Commercial Services’’ in its place; and
■ d. Removing from paragraph (h) the
term ‘‘52.232–31’’ and adding ‘‘FAR
52.232–31’’ in its place.
The revisions read as follows:
52.229–14 Taxes—Foreign Contracts in
Afghanistan (North Atlantic Treaty
Organization Status of Forces Agreement).
52.232–29 Terms for Financing of
Purchases of Commercial Products and
Commercial Services.
*
*
*
*
*
*
*
Taxes—Foreign Contracts in
Afghanistan (NOV 2021)
*
*
*
*
*
Taxes—Foreign Contracts in
Afghanistan (North Atlantic Treaty
Organization Status of Forces
Agreement) (NOV 2021)
*
*
*
*
*
■ 228. Amend section 52.232–7 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (b)(2) the
phrase ‘‘commercial item at 2.101’’ and
adding ‘‘commercial product or
commercial service in Federal
Acquisition Regulation (FAR) 2.101’’ in
its place; and
■ c. Removing from paragraph (b)(4) the
phrase ‘‘Subpart 31.2 of the Federal
Acquisition Regulation (FAR)’’ and
adding ‘‘FAR subpart 31.2’’ in its place.
The revision reads as follows:
52.232–7 Payments under Time-andMaterials and Labor-Hour Contracts.
*
*
*
*
*
*
■
■
■
*
*
*
*
Terms for Financing of Purchases of
Commercial Products and Commercial
Services (NOV 2021)
*
*
*
*
*
231. Amend section 52.232–30 by—
a. Revising the section heading;
b. Revising the heading and date of
the clause; and
■ c. Removing from paragraph (g) the
phrase ‘‘52.212–4, Contract Terms and
Conditions—Commercial Items’’ and
adding ‘‘Federal Acquisition Regulation
52.212–4, Contract Terms and
Conditions—Commercial Products and
Commercial Services’’ in its place.
The revisions read as follows:
■
■
■
52.232–30 Installment Payments for
Commercial Products and Commercial
Services.
*
*
*
*
*
52.225–11 Buy American—Construction
Materials Under Trade Agreements.
Payments under Time-and-Materials
and Labor-Hour Contracts (NOV 2021)
Installment Payments for Commercial
Products and Commercial Services
(NOV 2021)
*
*
*
*
*
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
232. Amend section 52.232–31 by—
a. Revising the date of the provision;
b. Removing from paragraph (a) the
phrase ‘‘Commercial Items, at 52.232–
29’’ and adding ‘‘Commercial Products
and Commercial Services, at Federal
Acquisition Regulation (FAR) 52.232–
29’’ in its place; and
■ c. Removing from paragraph (b) the
phrase ‘‘52.232–29, Terms for Financing
of Purchases of Commercial Items, the
terms of the clause at 52.232–29 shall
govern’’ and adding ‘‘FAR 52.232–29,
Terms for Financing of Purchases of
Commercial Products and Commercial
Services, the terms of the clause at FAR
52.232–29 shall govern’’ in its place.
The revision reads as follows:
■
■
■
52.232–31
Terms.
Invitation To Propose Financing
*
*
*
*
*
Invitation To Propose Financing Terms
(NOV 2021)
*
*
*
*
*
■ 233. Amend section 52.232–40 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (c) the
term ‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place.
The revision reads as follows:
52.232–40 Providing Accelerated
Payments to Small Business
Subcontractors.
*
*
*
*
*
Providing Accelerated Payments to
Small Business Subcontractors (NOV
2021)
*
*
*
*
*
■ 234. Amend section 52.242–17 by
revising the introductory text to read as
follows:
lotter on DSK11XQN23PROD with RULES2
52.242–17
Government Delay of Work.
As prescribed in 42.1305(c), insert the
following clause:
*
*
*
*
*
■ 235. Amend section 52.244–6 by—
■ a. Revising the section heading;
■ b. Revising the heading and date of
the clause;
■ c. Revising paragraph (a);
■ d. Removing from paragraph (b) the
term ‘‘commercial items’’ and adding
‘‘commercial products, commercial
services,’’ in its place;
■ e. Removing from the paragraph (c)(1)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place;
■ f. Removing from paragraph (c)(1)(i)
the date ‘‘(Jun 2020)’’ and adding ‘‘(NOV
2021)’’ in its place;
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g. Removing from paragraph (c)(1)(iv)
the date ‘‘(JUN 2016)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ h. Removing from paragraph (c)(1)(v)
the date ‘‘(JUL 2018)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ i. Removing from paragraph (c)(1)(vi)
the date ‘‘(AUG 2020)’’ and adding
‘‘(NOV 2021)’’ in its place;
■ j. Removing from paragraph
(c)(1)(xiv)(A) the date ‘‘(OCT 2020)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■ k. Removing from paragraph
(c)(1)(xix) the date ‘‘(DEC 2013)’’ and
adding ‘‘(NOV 2021)’’ in its place;
■ l. Removing from paragraph (c)(1)(xx)
the date ‘‘(FEB 2006)’’ and adding
‘‘(NOV 2021)’’ in its place; and
■ m. Removing from paragraph (c)(2)
the term ‘‘commercial items’’ and
adding ‘‘commercial products or
commercial services’’ in its place.
The revisions read as follows:
■
c. Revising the date of Alternate II;
d. Removing from paragraph (e)(4)
introductory text of Alternate II the term
‘‘commercial items’’ and adding
‘‘commercial products or commercial
services’’ in its place; and
■ e. Removing from paragraph
(e)(4)(ii)(C) of Alternate II the term
‘‘commercial items’’ and adding
‘‘commercial products’’ in its place.
The revisions read as follows:
■
■
52.247–64 Preference for Privately Owned
U.S.-Flag Commercial Vessels.
*
*
PART 53—FORMS
■
*
Subcontracts for Commercial Products
and Commercial Services (NOV 2021)
(a) Definitions. As used in this
clause—
Commercial product, commercial
service, and commercially available offthe-shelf item have the meanings
contained in Federal Acquisition
Regulation (FAR) 2.101.
Subcontract includes a transfer of
commercial products or commercial
services between divisions, subsidiaries,
or affiliates of the Contractor or
subcontractor at any tier.
*
*
*
*
*
■ 236. Amend section 52.246–26 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (g)(1)(i)
the term ‘‘FAR’’ and adding ‘‘Federal
Acquisition Regulation (FAR)’’ in its
place; and
■ c. Removing from paragraph (g)(2)(i)
the words ‘‘Commercial items’’ and
adding ‘‘Commercial products and
commercial services’’ in its place.
The revision reads as follows:
52.246–26
Items.
Reporting Nonconforming
*
*
*
*
*
Reporting Nonconforming Items (NOV
2021)
*
*
*
*
*
237. Amend section 52.247–64 by—
a. Revising the date of clause;
b. Removing from paragraph (e)(4)
introductory text the term ‘‘commercial
items’’ and adding ‘‘commercial
products or commercial services’’ in its
place;
■
■
■
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*
*
*
*
*
Alternate II (NOV 2021)
*
*
*
*
*
*
*
*
*
53.212
*
*
Preference for Privately Owned U.S.Flag Commercial Vessels (NOV 2021)
52.244–6 Subcontracts for Commercial
Products and Commercial Services.
*
61037
[Amended]
238. Amend section 53.212 by—
a. Revising the section heading;
■ b. Removing the term ‘‘(Rev.2/2012)’’
and adding ‘‘(Rev. NOV 2021)’’ in its
place; and
■ c. Removing the terms ‘‘Commercial
Items’’ and ‘‘commercial items’’ and
adding ‘‘Commercial Products and
Commercial Services’’ and ‘‘commercial
products and commercial services’’ in
their places, respectively.
The revision reads as follows:
■
53.212 Acquisition of commercial
products and commercial services.
*
*
53.213
*
*
*
[Amended]
239. Amend section 53.213 by—
a. In paragraph (a):
■ i. Removing the date ‘‘(Rev. 2/2012)’’
and adding in its place ‘‘(Rev. NOV
2021)’’; and
■ ii. Removing the words ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
their place; and
■ b. In paragraph (f):
■ i. Removing the date ‘‘(Rev. 2/2012)’’
and adding ‘‘(Rev. NOV 2021)’’ in its
place; and
■ ii. Removing the words ‘‘Commercial
Items’’ and adding ‘‘Commercial
Products and Commercial Services’’ in
their place.
■
■
53.219
[Amended]
240. Amend section 53.219 by
removing the date ‘‘(Rev. OCT 2020)’’
and adding ‘‘(Rev. NOV 2021)’’ in its
place.
■
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53.232
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
[Amended]
Secretariat Division at 202–501–4755.
Please cite FAC 2022–01, FAR Case
2019–003.
SUPPLEMENTARY INFORMATION:
241. Amend section 53.232 by
removing the text ‘‘(Jul 2009)’’ and
adding ‘‘(NOV 2021)’’ in its place.
■ 242. Amend section 53.300 in
paragraph (a) by revising the entry for
‘‘SF 1449’’ to read as follows:
■
53.300 Listing of Standard, Optional, and
Agency forms.
*
*
*
(a) * * *
*
*
TABLE 53–1—FORMS IN THE GSA
FORMS LIBRARY
Form No.
Form title
*
SF 1449 .....
*
*
*
*
Solicitation/Contract/Order for Commercial Products and Commercial
Services.
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2021–22144 Filed 11–3–21; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5 and 7
[FAC 2022–01; FAR Case 2019–003; Item
II; Docket No. 2019–0029; Sequence No. 1]
RIN 9000–AN86
Federal Acquisition Regulation:
Consolidation and Substantial
Bundling
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2016 that requires providing public
notices of determinations for substantial
bundling and consolidation of contract
requirements.
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Dana Bowman, Procurement Analyst, at
202–803–3188, or by email at
dana.bowman@gsa.gov. For information
pertaining to status or publication
schedules, contact the Regulatory
lotter on DSK11XQN23PROD with RULES2
SUMMARY:
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I. Background
DoD, GSA, and NASA published a
proposed rule at 85 FR 23299 on April
27, 2020, to implement section 863 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2016 (Pub.
L. 114–92, codified at 15 U.S.C.
644(e)(3) and 15 U.S.C. 657q(c)(2)) and
the Small Business Administration
(SBA) implementing regulations. SBA
published a final rule to implement
section 863 on November 29, 2019, at 84
FR 65647.
Section 863 requires public
notification of an agency’s
determination to substantially bundle or
consolidate contract requirements.
Specifically, publication of a notice is
required when the head of a contracting
agency determines that an acquisition
plan for a procurement involves
substantial bundling of contract
requirements. The head of the
contracting agency must publish a
notice on a public website that such
determination has been made not later
than 7 days after making the
determination. Any solicitation for a
procurement related to the acquisition
plan may not be published earlier than
7 days after such notice is published. A
justification for the determination must
be published with the solicitation. The
justification must address the specific
benefits anticipated, any alternative
approaches, impediments to
participation by small business
concerns as prime contractors, and
actions designed to maximize
participation of small business concerns
as subcontractors (see 15 U.S.C.
644(e)(3)(A) through (C)).
Section 863 also requires publication
of a notice when the senior procurement
executive (SPE) or chief acquisition
officer (CAO) makes a determination
that an acquisition strategy involving
consolidation of contract requirements
is necessary and justified under 15
U.S.C. 657q(c)(2)(A). The SPE or CAO
must publish a notice on a public
website that such determination has
been made not later than 7 days after
making the determination. Any
solicitation for a procurement related to
the acquisition strategy may not be
published earlier than 7 days after such
notice is published. A justification for
the determination must be published
with the solicitation. The justification
must include the information in 15
U.S.C. 657q(c)(1)(A) through (E).
As a result, this final rule amends
FAR 7.107–5, Notifications, to require
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the publication on the Governmentwide
Point of Entry of a notice of substantial
bundling or of a notice of consolidation,
as required in the SBA final rule. This
section also contains references to the
required content of the consolidation
determination (at FAR 7.107–2) and the
substantial bundling determination (at
FAR 7.107–4).
Four respondents submitted public
comments in response to the proposed
rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
development of the final rule. A
discussion of the comments received
and any changes made to the rule as a
result of the public comments are
provided as follows:
A. Summary of Significant Changes
From the Proposed Rule
There are no significant changes made
to the final rule.
B. Analysis of Public Comments
1. Support for the Rule
Comment: One respondent expressed
support for the rule.
Response: The Councils acknowledge
the respondent’s support for the rule.
2. More Time Between Publication of
Notice and Solicitation Issuance
Comment: Two respondents
expressed concern about the 7-day
notification period, stating that it is not
enough time for small businesses to
plan and strategize. The respondents
requested the notification posting
period be extended for a longer time, at
least 2 weeks.
Response: This FAR rule uses the
same time period set forth in SBA’s
implementation of section 863 after SBA
considered the length of the notification
period.
3. Location of Notices
Comment: One respondent suggested
that the existing requirement to publish
the notification on a ‘‘public site’’ is too
vague and that compliance could be
satisfied by posting on an agency’s
social media platform. The respondent
recommends that all notifications
should be posted on beta.sam via the
Governmentwide point of entry (GPE).
Response: This rule implements
section 863 of the NDAA for FY 2016
(Pub. L. 114–92) and the SBA
implementing regulations (13 CFR 125),
which requires agencies to provide
public notices on the GPE of
determinations for substantial bundling
E:\FR\FM\04NOR2.SGM
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]]>Agencies
[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 61017-61038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22144]
[[Page 61017]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 37, 38, 39, 42, 43,
44, 46, 47, 49, 52, and 53
[FAC 2022-01; FAR Case 2018-018; Item I; Docket No. FAR-2018-0018,
Sequence No. 1]
RIN 9000-AN76
Federal Acquisition Regulation: Revision of Definition of
``Commercial Item''
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement a section of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019 to
change the definition of ``commercial item.''
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or by email at [email protected], for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2022-01, FAR Case
2018-018.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule at 85 FR 65610 on
October 15, 2020, to amend the FAR definition of ``commercial item'' to
implement section 836 of the John S. McCain National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232).
Section 836 separates the definition of ``commercial item'' at 41
U.S.C. 103 into the definitions of ``commercial product'' and
``commercial service,'' at 41 U.S.C. 103 and 103a.
Splitting the definition of ``commercial item'' into the
definitions of ``commercial product'' and ``commercial service'' was a
recommendation made by the independent panel created by section 809 of
the NDAA for FY 2016 (Pub. L. 114-92). The panel was created to review
and improve the functioning of the defense acquisition system and
eliminate any regulations found unnecessary to achieve such
improvements. The panel recommended the splitting of the definition of
``commercial item'' to better ``reflect the significant roles services
and commercial services play today in the DoD procurement budget.'' See
recommendation on pages 29 to 30 of Volume 1 of 3 dated January 2018 of
the Report of the Advisory Panel on Streamlining and Codifying
Acquisition Regulations, available at https://section809panel.org/wp-content/uploads/2018/04/Sec809Panel_Vol1-Report_Jan18_REVISED_2018-03-14.pdf.
The change in this final rule resolves the issue the Section 809
Panel cites, which is that the ``acquisition workforce has faced issues
with inconsistent interpretations of policy, confusion over how to
identify eligible commercial products and services''. Bifurcating the
definition of ``commercial item'' into ``commercial product'' and
``commercial service'' is a way to provide clarity for the acquisition
workforce, which may result in greater engagement with the commercial
marketplace.
It is important to note that the amendment to separate ``commercial
item'' into ``commercial product'' and ``commercial service'' does not
expand or shrink the universe of products or services the Government
may procure using FAR part 12, nor does it change the terms and
conditions with which contractors must comply.
The following summarizes the changes made to the FAR:
1. Removed from FAR part 2 the definition of ``commercial item''
and replaced it with the definitions of ``commercial product'' and
``commercial service'' in accordance with the NDAA with only minor
revisions for clarification to align with that which is currently in
the FAR. The clarification in paragraph 3(ii) of the definition of
``commercial product'' has been in FAR part 2 since the definition of
``commercial item'' was incorporated by FAR case 94-790, Acquisition of
Commercial Items, in 1995. Paragraphs 2(i) and 2(ii) of the definition
of ``commercial service'' are also long standing; they stem from a FAR
change published October 22, 2001, which was revised slightly in a FAR
change published June 18, 2004.
2. Replaced all instances of ``non-commercial'' and
``noncommercial'' with ``other than commercial'' as it relates to this
rule. This editorial change provides consistent language throughout the
FAR.
3. Removed FAR 12.102(g), and a corresponding reference at FAR
37.601(c), as obsolete. FAR 12.102(g) only applied to contracts or
orders entered into before November 23, 2013.
4. Added the definition of ``established price'' at FAR 16.001 to
be consistent with the term as defined at the FAR clauses at FAR
52.216-2, Economic Price Adjustment--Standard Supplies, and 52.216-3,
Economic Price Adjustment--Semistandard Supplies. This is an editorial
change for consistency to have the definition in both the clause and
the corresponding FAR part.
5. Made conforming changes to cross references, and the following
Standard Forms (SF): SF 294, Subcontracting Report for Individual
Contracts; SF 1443, Contractor's Request for Progress Payment; and SF
1449, Solicitation/Contract/Order for Commercial Products and
Commercial Services. Also, minor editorial changes were made as needed
throughout the FAR. These revisions do not impact terms and conditions
of commercial contracts or how the Government procures commercial
products or commercial services.
Three respondents submitted comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the public comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Summary of Significant Changes
There are no significant changes from the proposed rule.
B. Analysis of Public Comments
Of the three responses received, none provided negative comments on
the rule, although they suggested changes as described below. No
changes resulted from the public comments.
Comment: A respondent expressed that paragraph (1) of the
commercial product definition in the proposed rule is not consistent
with the language in 41 U.S.C. 103(1). This respondent stated that
while the wording for both definitions is very similar, the structure
of the definition as promulgated in current law indicates it was the
intent of Congress that for a product to meet the definition of a
commercial product under paragraph (1), it must have been sold, leased,
or licensed, or offered for sale, lease, or license, to the general
public.
[[Page 61018]]
Response: The Councils note that the respondent's quoted definition
is similar to the statutory definition, and to the definition used in
the proposed rule. No change is necessary.
Comment: Two respondents suggested to explicitly include commercial
services under the definition of commercial-off-the-shelf (``COTS'')
items to provide the Government access to the broadest range of service
providers. One respondent pointed to the following benefits: increase
competition and allow Government customers quicker access to required
commercial services. A respondent suggested to, at least, clarify that
commercial wireless telecommunications offerings constitute a
``commercial product'' and thus can satisfy all definitional elements
of COTS items.
Response: The Councils cannot accept the suggestions because they
are not consistent with the statute being implemented. Section 836 of
the NDAA for FY 2019 did not modify the definition of COTS item.
C. Other Changes
Other changes made in the final rule are as follows:
Revisions were made to account for additional instances of
the term ``commercial item'' in the FAR after the proposed rule was
published in the following sections: FAR 9.110-4(b), 9.110-5, 9.405-1,
39.205(a)(3) and (c)(3), 43.105(c), 52.209-14(d)(1), 52.229-13(c), and
52.229-14(c).
Three changes missed in the proposed rule were added as
follows: the heading of FAR subpart 12.1, the word ``commercial'' at
FAR 15.601, and the inclusion of ``commercial products'' in 52.212-
5(b)(36).
Prescriptive language was relocated from the introductory
text for the FAR clauses at 52.216-2, 52.216-3, and 52.216-4 to FAR
16.203-4(a)(4), (b)(6), and (c)(5), respectively, to be consistent with
FAR drafting conventions.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule does not create new solicitation provisions or contract
clauses. This rule merely replaces the term ``commercial item(s)'' with
``commercial product(s),'' ``commercial service(s),'' ``commercial
product(s) or commercial service(s),'' or ``commercial product(s) and
commercial service(s)'' in the FAR including in part 52, as
appropriate. This rule does not impose any new requirements on
contracts at or below the SAT or for commercial products, including
COTS items, or for commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601-612. The FRFA is summarized as follows:
This final rule amends the FAR to change the definition of
``commercial item'' by splitting it into the definitions of
``commercial product'' and ``commercial service''.
The objective is to implement section 836 of the John S. McCain
NDAA for FY19 (Pub. L. 115-232). This is consistent with the
recommendations by the independent panel created by section 809 of
the NDAA for FY 2016 (Pub. L. 114-92). This case implements
amendments to 41 U.S.C. 103 and 103a. The legal basis for this rule
is 40 U.S.C. 121(c), 10 U.S.C. chapter 137, and 51 U.S.C. 20113.
There were no significant issues raised by the public comments
in response to the initial regulatory flexibility analysis.
The final rule impacts all entities that do business with the
Federal Government, including the over 327,458 small business
registrants in the System for Award Management. However, the rule
does not implement any requirements with which small entities must
comply. This rule splits the definition of ``commercial item'' into
the definitions of ``commercial product'' and ``commercial
service''.
The final rule does not include additional reporting or record
keeping requirements.
There are no available alternatives to the final rule to
accomplish the desired objective of the statute.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C 3501-3521) applies; however,
the changes to the FAR and the updates to the information collections
do not impose new information collection burden. The changes do not
impose additional, or change any existing, information collection
requirements to the paperwork burden previously approved under the
following OMB Control Numbers: 9000-0007, Subcontracting Plans; 9000-
0018, Federal Acquisition Regulation Part 3: Improper Business
Practices and Personal Conflicts of Interest; 9000-0193, FAR Part 9
Responsibility Matters; 9000-0097, Federal Acquisition Regulation Part
4 Requirements; 9000-0136, Commercial Item Acquisitions; 9000-0034,
Examination of Records by Comptroller General and Contract Audit; 9000-
0013, Certified Cost or Pricing Data and Data Other Than Certified Cost
or Pricing Data; 9000-0048, Authorized Negotiators and Integrity of
Unit Prices; 9000-0010, Progress Payments, SF 1443; 9000-0024, Buy
American, Trade Agreements, and Duty-Free Entry; 9000-0061,
Transportation Requirements; 9000-0068, Economic Price Adjustment;
9000-0070, Payments; 9000-0138, Contract Financing; 9000-0188,
Combating Trafficking in Persons; 9000-0197, Use of Products and
Services of Kaspersky Lab; 9000-0198, Violations of Arms Control
Treaties or Agreements; and 1615-0092, E-Verify Program.
List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32,
37, 38, 39, 42, 43, 44, 46, 47, 49, 52, and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 3, 4, 5, 6,
7,
[[Page 61019]]
8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27, 28, 29,
30, 31, 32, 37, 38, 39, 42, 43, 44, 46, 47, 49, 52, and 53 as set forth
below:
0
1. The authority citation for 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31,
32, 37, 38, 39, 42, 43, 44, 46, 47, 49, 52, and 53 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.102 [Amended]
0
2. Amend section 1.102 by removing from paragraph (b)(1)(i) the phrase
``commercial products and services;'' and adding the phrase
``commercial products and commercial services;'' in its place.
1.102-2 [Amended]
0
3. Amend section 1.102-2 by removing from paragraph (a)(4) the phrase
``commercial products and services'' and adding the phrase ``commercial
products and commercial services'' in its place.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
4. Amend section 2.101 in paragraph (b)(2) by--
0
a. In the defined term ``Biobased product'', removing the phrase
``commercial or industrial product'' and adding the phrase ``commercial
product or industrial product'' in its place;
0
b. In the defined term ``Commercial component'', removing the words
``commercial item'' and adding the words ``commercial product'' in its
place;
0
c. In the defined term ``Commercial computer software'', removing the
words ``commercial item'' and adding the words ``commercial product or
commercial service'' in its place.
0
d. Removing the defined term ``Commercial item'';
0
e. Adding the defined terms ``Commercial product'' and ``Commercial
service'' in alphabetical order; and
0
f. In the defined term ``Commercially available off-the-shelf (COTS)
item'', removing from paragraph (1)(i) ``commercial item'' and
``definition in this section'' and adding ``commercial product'' and
``definition of ``commercial product'' in this section'' in their
places, respectively.
The additions read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Commercial product means--
(1) A product, other than real property, that is of a type
customarily used by the general public or by nongovernmental entities
for purposes other than governmental purposes, and--
(i) Has been sold, leased, or licensed to the general public; or
(ii) Has been offered for sale, lease, or license to the general
public;
(2) A product that evolved from a product described in paragraph
(1) of this definition through advances in technology or performance
and that is not yet available in the commercial marketplace, but will
be available in the commercial marketplace in time to satisfy the
delivery requirements under a Government solicitation;
(3) A product that would satisfy a criterion expressed in paragraph
(1) or (2) of this definition, except for--
(i) Modifications of a type customarily available in the commercial
marketplace; or
(ii) Minor modifications of a type not customarily available in the
commercial marketplace made to meet Federal Government requirements.
``Minor modifications'' means modifications that do not significantly
alter the nongovernmental function or essential physical
characteristics of an item or component, or change the purpose of a
process. Factors to be considered in determining whether a modification
is minor include the value and size of the modification and the
comparative value and size of the final product. Dollar values and
percentages may be used as guideposts, but are not conclusive evidence
that a modification is minor;
(4) Any combination of products meeting the requirements of
paragraph (1), (2), or (3) of this definition that are of a type
customarily combined and sold in combination to the general public;
(5) A product, or combination of products, referred to in
paragraphs (1) through (4) of this definition, even though the product,
or combination of products, is transferred between or among separate
divisions, subsidiaries, or affiliates of a contractor; or
(6) A nondevelopmental item, if the procuring agency determines the
product was developed exclusively at private expense and sold in
substantial quantities, on a competitive basis, to multiple State and
local governments or to multiple foreign governments.
Commercial service means--
(1) Installation services, maintenance services, repair services,
training services, and other services if--
(i) Such services are procured for support of a commercial product
as defined in this section, regardless of whether such services are
provided by the same source or at the same time as the commercial
product; and
(ii) The source of such services provides similar services
contemporaneously to the general public under terms and conditions
similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively in
substantial quantities in the commercial marketplace based on
established catalog or market prices for specific tasks performed or
specific outcomes to be achieved and under standard commercial terms
and conditions. For purposes of these services--
(i) Catalog price means a price included in a catalog, price list,
schedule, or other form that is regularly maintained by the
manufacturer or vendor, is either published or otherwise available for
inspection by customers, and states prices at which sales are
currently, or were last, made to a significant number of buyers
constituting the general public; and
(ii) Market prices means current prices that are established in the
course of ordinary trade between buyers and sellers free to bargain and
that can be substantiated through competition or from sources
independent of the offerors; or
(3) A service referred to in paragraph (1) or (2) of this
definition, even though the service is transferred between or among
separate divisions, subsidiaries, or affiliates of a contractor.
* * * * *
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3.104-1 [Amended]
0
5. In section 3.104-1 amend the definition of ``Contractor bid or
proposal information'' in paragraph (1) by removing ``10 U.S.C.
2306a(h)'' and adding in its place ``10 U.S.C. 2306a(h)(1)'' and
removing ``41 U.S.C. 3501(a)(2)'' and adding ``41 U.S.C. 3501(a)(1)''
in its place.
0
6. Amend section 3.104-9 by revising the introductory text to read as
follows:
3.104-9 Contract clauses.
In solicitations and contracts that exceed the simplified
acquisition threshold, other than those for commercial products or
commercial services, insert the clauses at--
* * * * *
[[Page 61020]]
3.404 [Amended]
0
7. Amend section 3.404 by removing ``commercial items'' and adding
``commercial products or commercial services'' in its place.
0
8. Amend section 3.502-2 by revising paragraph (i) introductory text to
read as follows:
3.502-2 Subcontractor kickbacks.
* * * * *
(i) Requires each contracting agency to include in each prime
contract, other than for commercial products or commercial services,
exceeding $150,000, a requirement that the prime contractor shall--
* * * * *
3.502-3 [Amended]
0
9. Amend section 3.502-3 by removing ``commercial items'' and adding
``commercial products or commercial services'' in its place.
3.503-2 [Amended]
0
10. Amend section 3.503-2 by removing ``commercial items'' and adding
``commercial products or commercial services'' in its place.
3.1004 [Amended]
0
11. Amend section 3.1004 by removing from paragraph (b)(1) ``commercial
item'' and ``FAR 52.203-14'' and adding ``commercial product or
commercial service'' and ``52.203-14'' in their places, respectively.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
4.203 [Amended]
0
12. Amend section 4.203 by removing from paragraph (a) the term
``Commercial Items'' and adding the term ``Commercial Products and
Commercial Services'' in its place.
4.605 [Amended]
0
13. Amend section 4.605 by removing from paragraph (b) the term
``Commercial Items'' and adding the term ``Commercial Products and
Commercial Services'' in its place.
4.1103 [Amended]
0
14. Amend section 4.1103 by removing from paragraph (a)(3) the term
``Commercial Items'' and adding the term ``Commercial Products and
Commercial Services'' in its place.
4.1201 [Amended]
0
15. Amend section 4.1201 by removing from paragraph (d) the term
``commercial items'' and adding the term ``commercial products or
commercial services'' in its place.
4.1202 [Amended]
0
16. Amend section 4.1202 by removing from paragraph (a) introductory
text the terms ``commercial item solicitations'' and ``FAR part 12''
and adding the terms ``solicitations for commercial products or
commercial services'' and ``part 12'' in their places, respectively.
4.1902 [Amended]
0
17. Amend section 4.1902 by removing the text ``commercial items'' and
adding ``commercial products or commercial services,'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.202 [Amended]
0
18. Amend section 5.202 by removing from paragraph (a)(10) ``commercial
items'' and adding ``commercial products'' in its place.
5.203 [Amended]
0
19. Amend section 5.203 by removing from paragraphs (a) introductory
text, (b), and (c) the term ``commercial items'' and adding
``commercial products or commercial services'' in their places,
respectively.
PART 6--COMPETITION REQUIREMENTS
6.001 [Amended]
0
20. Amend section 6.001 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
6.302-5 [Amended]
0
21. Amend section 6.302-5 by:
0
a. Removing from paragraph (a)(2)(ii) ``commercial item'' and adding
``commercial product'' in its place; and
0
b. Removing from paragraph (c)(3) ``brand-name commercial items'' and
adding ``brand name commercial products'' in its place.
0
22. Amend section 6.502 by--
0
a. Revising paragraph (a);
0
b. Removing from paragraph (b)(1)(i) the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place;
0
c. Removing from paragraph (b)(1)(iv) the term ``commercial items or''
and adding ``commercial products or commercial services or
unnecessarily restricting'' in its place;
0
d. Removing from paragraph (b)(2)(ii) the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place;
and
0
e. Removing from paragraphs (b)(2)(v) and (vi) the term ``commercial
items'' and adding ``commercial products, commercial services,'' in its
place.
The revision reads as follows:
6.502 Duties and responsibilities.
(a) Agency and procuring activity advocates for competition are
responsible for--
(1) Promoting the acquisition of commercial products and commercial
services;
(2) Promoting full and open competition;
(3) Challenging requirements that are not stated in terms of
functions to be performed, performance required, or essential physical
characteristics;
(4) Challenging barriers to the acquisition of commercial products
and commercial services; and
(5) Challenging barriers to full and open competition such as
unnecessarily restrictive statements of work, unnecessarily detailed
specifications, and unnecessarily burdensome contract clauses.
* * * * *
PART 7--ACQUISITION PLANNING
7.102 [Amended]
0
23. Amend section 7.102 by removing from paragraph (a)(1) the phrase
``commercial items or, to the extent that commercial items suitable''
and adding ``commercial products or commercial services, or to the
extent that commercial products suitable'' in its place.
7.103 [Amended]
0
24. Amend section 7.103 by removing from paragraph (b) the phrase
``commercial items, or to the extent that commercial items suitable''
and adding ``commercial products or commercial services, or to the
extent that commercial products suitable'' in its place.
7.105 [Amended]
0
25. Amend section 7.105 by removing from paragraph (b)(14)(i) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.402 [Amended]
0
26. Amend section 8.402 by--
0
a. Removing from paragraph (a) the term ``commercial supplies and
services'' and adding ``commercial supplies and commercial services''
in its place; and
0
b. Removing from paragraph (f)(1) the phrase ``commercial items (part
12),''
[[Page 61021]]
and adding ``commercial products or commercial services (part 12),'' in
its place.
PART 9--CONTRACTOR QUALIFICATIONS
9.106-1 [Amended]
0
27. Amend section 9.106-1 by removing from paragraph (a) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
9.109-5 [Amended]
0
28. Amend section 9.109-5 by removing the text ``commercial items'' and
adding ``commercial products or commercial services'' in its place.
9.110-4 [Amended]
0
29. Amend section 9.110-4 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
9.110-5 [Amended]
0
30. Amend section 9.110-5 by removing the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
9.405-1 [Amended]
0
31. Amend section 9.405-1 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
9.405-2 [Amended]
0
32. Amend section 9.405-2 in paragraph (b) introductory text, in the
fourth sentence, by removing ``commercial items'' and adding
``commercial products'' in its place.
PART 10--MARKET RESEARCH
0
33. Amend section 10.001 by--
0
a. Removing from paragraph (a)(2)(v) the phrase ``for a noncommercial
item'' and adding ``for other than a commercial product or commercial
service'' in its place;
0
b. Removing from paragraph (a)(3)(ii) introductory text the phrase
``commercial items or, to the extent commercial items suitable'' and
adding ``commercial products or commercial services, or, to the extent
commercial products suitable'' in its place;
0
c. Removing from paragraph (a)(3)(iii) the term ``commercial items''
and adding ``commercial products'' in its place;
0
d. Removing from paragraph (a)(3)(iv) the term ``commercial items'' and
adding ``commercial products or commercial services'' in its place; and
0
e. Revising paragraph (d).
The revision reads as follows:
10.001 Policy.
* * * * *
(d) See 10.003 for the requirement for a prime contractor to
perform market research in contracts in excess of $6 million, other
than contracts for the acquisition of commercial products or commercial
services (section 826 of Pub. L. 110-181).
10.002 [Amended]
0
34. Amend section 10.002 by--
0
a. Removing from paragraph (b) introductory text the term ``commercial
items'' and adding ``commercial products, commercial services,'' in its
place;
0
b. Removing from paragraph (b)(1) introductory text the word ``item''
and adding ``product or service'' in its place;
0
c. Removing from paragraphs (b)(1)(i)(A), (B), and (C) the word
``Items'' and adding ``Products or services'' in its place;
0
d. Removing from paragraph (b)(1)(ii) the word ``items'' and adding
``products or services'' in its place;
0
e. Removing from paragraph (c) the phrases ``indicates commercial'' and
``permit commercial'' and adding ``indicates commercial products,
commercial services,'' and ``permit commercial products, commercial
services,'' in their places, respectively; and
0
f. Removing from paragraph (d)(1) the phrases ``item or'' and
``commercial item'' and adding ``product or'' and ``commercial product
or commercial service'' in their places, respectively.
0
35. Revise section 10.003 to read as follows:
10.003 Contract clause.
The contracting officer shall insert the clause at 52.210-1, Market
Research, in solicitations and contracts over $6 million, other than
solicitations and contracts for the acquisition of commercial products
or commercial services.
PART 11--DESCRIBING AGENCY NEEDS
11.002 [Amended]
0
36. Amend section 11.002 by--
0
a. Removing from paragraph (a)(2)(ii) the phrase ``commercial items,
or, to the extent that commercial items suitable'' and adding
``commercial products or commercial services or, to the extent that
commercial products suitable'' in its place;
0
b. Removing from paragraphs (a)(2)(iii) and (iv) the term ``commercial
items'' and adding ``commercial products, commercial services,'' in its
place; and
0
c. Removing from paragraph (a)(2)(v) the terms ``commercial items or,''
and ``commercial items suitable'' and adding ``commercial products or
commercial services or,'' and ``commercial products suitable'' in their
places, respectively.
11.302 [Amended]
0
37. Amend section 11.302 by--
0
a. Removing from paragraph (b)(1) the terms ``acquiring other'' and
``commercial items'' and adding ``acquiring products other'' and
``commercial products as defined in 2.101'' in their places,
respectively;
0
b. Removing from paragraph (b)(2) the terms ``commercial items'' and
``the item'' and adding ``commercial products'' and ``the product'' in
their places, respectively; and
0
c. Removing from paragraph (c)(1) the term ``commercial items'' and
adding ``commercial products'' in its place.
11.304 [Amended]
0
38. Amend section 11.304 by removing the text ``commercial items'' and
adding ``commercial products'' in its place.
PART 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
0
39. Revise the part heading to read as set forth above.
12.000 [Amended]
0
40. Amend section 12.000 by--
0
a. In the first sentence, removing the term ``commercial items'' and
adding ``commercial products, including commercial components, and
commercial services'' in its place; and
0
b. In the second sentence, removing the terms ``commercial items'' and
``commercial items and components'' and adding ``commercial products
and commercial services'' in their place.
12.001 [Amended]
0
41. Amend section 12.001 by removing the term ``commercial items'' and
adding ``commercial products or commercial services'' in its place.
0
42. Revise the heading of subpart 12.1 to read as follows:
Subpart 12.1--Acquisition of Commercial Products and Commercial
Services
12.101 [Amended]
0
43. Amend section 12.101 by removing the term ``commercial items''
wherever it appears and adding
[[Page 61022]]
``commercial products, commercial services,'' in its place.
12.102 [Amended]
0
44. Amend section 12.102 by--
0
a. Removing from paragraph (a) the phrase ``the definition of
commercial items'' and adding ``the definitions of ``commercial
product'' or ``commercial service'' in its place;
0
b. Removing from paragraph (c) the term ``commercial items'' wherever
it appears and adding ``commercial products or commercial services'' in
its place;
0
c. Removing from paragraph (d) the phrase ``commercial item in section
2.101'' and adding ``commercial product'' in its place;
0
d. Removing from paragraphs (e) and (f)(1) the term ``commercial
items'' and adding ``commercial products or commercial services'' in
its place;
0
e. In paragraph (f)(2) introductory text:
0
i. Removing the term ``for an item'' and adding ``for a product'' in
its place; and
0
ii. Removing the term ``commercial item'' wherever it appears and
adding ``commercial product or commercial service'' in its place;
0
f. Removing from paragraph (f)(2)(i) ``see Subpart 30.2'' and adding
``see subpart 30.2'' in its place; and
0
g. Removing paragraph (g).
12.103 [Amended]
0
45. Amend section 12.103 by removing the text ``commercial items'' and
``12.504);'' and adding ``commercial products'' and ``12.504).'' in
their places, respectively.
0
46. Revise the heading of subpart 12.2 to read as follows:
Subpart 12.2--Special Requirements for the Acquisition of
Commercial Products and Commercial Services
12.201 [Amended]
0
47. Amend section 12.201 by removing ``commercial items'' wherever it
appears and adding ``commercial products and commercial services'' in
its place.
12.202 [Amended]
0
48. Amend section 12.202 by--
0
a. Removing from paragraph (a) the term ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
b. In paragraph (b):
0
i. Removing in the first sentence the terms ``commercial items'' and
``products or services'' and adding ``commercial products or commercial
services'' and ``products or commercial services'' in their places,
respectively; and
0
ii. Removing in the second sentence the terms ``commercial item'' and
``type of product or service'' and adding ``commercial product or
commercial service'' and ``type of commercial product or commercial
service'' in their places, respectively.
12.203 [Amended]
0
49. Amend section 12.203 in paragraph (a) by:
0
a. In the first sentence, removing the term ``commercial items'' and
adding in its place the phrase ``commercial products and commercial
services''; and
0
b. In the second and third sentences, removing the term ``commercial
items'' wherever it appears and adding in its place the phrase
``commercial products or commercial services''.
0
50. Amend section 12.204 by revising paragraph (a) to read as follows:
12.204 Solicitation/contract form.
(a)(1) The contracting officer shall use the Standard Form 1449,
Solicitation/Contract/Order for Commercial Products and Commercial
Services, if--
(i) The acquisition is expected to exceed the simplified
acquisition threshold;
(ii) A paper solicitation or contract is being issued; and
(iii) Procedures at 12.603 are not being used.
(2) Use of the SF 1449 is nonmandatory but encouraged for
commercial acquisitions not exceeding the simplified acquisition
threshold.
* * * * *
12.205 [Amended]
0
51. Amend section 12.205 by--
0
a. In paragraph (a):
0
i. In the first sentence, removing the word ``product''; and
0
ii. In the second sentence, removing the phrase ``product literature
from offerors of commercial items'' and adding ``product or service
literature from offerors of commercial products or commercial
services'' in its place;
0
b. In paragraph (b):
0
i. In the first sentence, removing the phrases ``more than one
product'' and ``commercial items'' and adding ``multiple offers'' and
``commercial products or commercial services'' in their places,
respectively; and
0
ii. In the second sentence, removing the phrase ``product as a separate
offer'' and adding ``offer separately'' in its place; and
0
c. Removing from paragraph (c) the words ``commercial items'' and
adding ``commercial products or commercial services'' in their place.
12.206 [Amended]
0
52. Amend section 12.206 by removing the text ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
12.207 [Amended]
0
53. Amend section 12.207 by removing from paragraphs (a) and (e) the
words ``commercial items'' and adding ``commercial products or
commercial services'' in their places.
0
54. Revise section 12.208 to read as follows:
12.208 Contract quality assurance.
Contracts for commercial products shall rely on contractors'
existing quality assurance systems as a substitute for Government
inspection and testing before tender for acceptance unless customary
market practices for the commercial product being acquired include in-
process inspection. Any in-process inspection by the Government shall
be conducted in a manner consistent with commercial practice. The
Government shall rely on the contractor to accomplish all inspection
and testing needed to ensure that commercial services acquired conform
to contract requirements before they are tendered to the Government.
12.209 [Amended]
0
55. Amend section 12.209 by removing the words ``commercial items'' and
``Commercial item'' and adding ``commercial products and commercial
services'' and ``Commercial product and commercial service'' in their
places, respectively.
12.210 [Amended]
0
56. Amend section 12.210 by removing the text ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
12.211 [Amended]
0
57. Amend section 12.211 by:
0
a. Removing the text ``commercial item'' and adding ``commercial
product'' in its place; and
0
b. Removing the text ``commercial items'' wherever it appears and
adding ``commercial products'' in its place.
12.214 [Amended]
0
58. Amend section 12.214 by--
0
a. Removing from the first sentence ``commercial items'' and adding
``commercial products or commercial services'' in its place;
0
b. Removing from the second sentence ``See 48 CFR 30.201-1'' and
``commercial items'' and adding ``See 30.201-1'' and ``commercial
products or
[[Page 61023]]
commercial services'' in their places, respectively; and
0
c. Removing from the last sentence ``in 48 CFR 30.201'' and adding ``in
30.201'' in its place.
0
59. Revise the heading of subpart 12.3 to read as follows:
Subpart 12.3--Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Products and Commercial Services
12.300 [Amended]
0
60. Amend section 12.300 by removing the text ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
0
61. Amend section 12.301 by--
0
a. Revising the section heading;
0
b. Removing from paragraphs (a) introductory text and (a)(1) the text
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
c. Removing from paragraph (b) introductory text the text ``commercial
items'' wherever it appears and adding ``commercial products or
commercial services'' in its place;
0
d. In paragraphs (b)(1) and (2):
0
i. Removing in the headings the text ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
ii. Removing the text ``commercial items'' and adding ``commercial
products or commercial services'' in its place; and
0
e. Removing in the third sentence of paragraph (b)(2) the text
``Subpart 1.4'' and adding ``subpart 1.4'' in its place;
0
f. Removing from paragraph (b)(3) heading the text ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place;
0
g. In paragraph (b)(4):
0
i. In the heading, removing the text ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place;
0
ii. Removing the text ``commercial items'' wherever it appears and
adding ``commercial products or commercial services'' in its place; and
0
iii. Removing the text ``Part 15'' and adding ``part 15'' in its place;
0
h. In paragraph (c)(1):
0
i. Removing the term ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in its place; and
0
ii. Removing the term ``commercial items'' and adding ``commercial
products or commercial services'' in its place;
0
i. Removing from paragraph (d) introductory text the text ``commercial
items'' wherever it appears and adding ``commercial products or
commercial services'' in its place; and
0
j. Removing from paragraph (f) the text ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
0
62. Amend section 12.302 by--
0
a. Revising the section heading;
0
b. In paragraph (a):
0
i. Removing the text ``commercial items'' wherever it appears and
adding ``commercial products and commercial services'' in its place;
and
0
ii. Removing the text ``Commercial Items'' wherever it appears and
adding ``Commercial Products and Commercial Services'' in its place;
0
c. In paragraph (b):
0
i. Removing the text ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in its place; and
0
ii. Removing the text ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in its place; and
0
d. Removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
12.302 Tailoring of provisions and clauses for the acquisition of
commercial products and commercial services.
* * * * *
12.303 [Amended]
0
63. Amend section 12.303 by--
0
a. Removing from the introductory text the term ``commercial items''
and adding ``commercial products or commercial services'' in its place;
0
b. Removing from paragraph (c)(1) the text ``Commercial Items'' and
adding ``Commercial Products and Commercial Services'' in its place;
0
c. Removing from paragraph (c)(3) the text ``and Executive Orders'' and
adding ``or Executive Orders--Commercial Products and Commercial
Services'' in its place; and
0
d. Removing from paragraphs (e)(1), (3), and (4) the term ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
0
64. Revise the heading for subpart 12.4 to read as follows:
Subpart 12.4--Unique Requirements Regarding Terms and Conditions
for Commercial Products and Commercial Services
12.401 [Amended]
0
65. Amend section 12.401 by--
0
a. In paragraph (a), removing the term ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
b. In paragraph (b), removing the text ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.402 [Amended]
0
66. Amend 12.402 by--
0
a. In paragraph (a):
0
i. Removing the text ``commercial item'' and adding ``commercial
product or commercial service'' in its place; and
0
ii. Removing the text ``commercial items'' wherever it appears and
adding ``commercial products or commercial services'' in its place;
0
b. Removing from paragraph (b) the phrase ``complex commercial items or
commercial items used'' and adding ``complex commercial products or
commercial services, or commercial products or commercial services
used'' in its place; and
0
c. Removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.403 [Amended]
0
67. Amend section 12.403 by removing from paragraphs (a), (b), and (d)
the text ``commercial items'' wherever it appears and adding
``commercial products or commercial services'' in its place.
12.404 [Amended]
0
68. Amend section 12.404 by removing from paragraph (b) introductory
text the term ``commercial items'' and adding ``commercial products''
in its place.
0
69. Revise the heading of subpart 12.5 to read as follows:
Subpart 12.5--Applicability of Certain Laws to the Acquisition of
Commercial Products, Commercial Services and Commercially Available
Off-the-Shelf Items
12.500 [Amended]
0
70. Amend section 12.500 by--
0
a. Removing from paragraphs (a)(1) and (2) the term ``commercial
items'' and adding ``commercial products or commercial services'' in
its place;
0
b. Removing from paragraph (a)(3) the text ``of COTS items'' and adding
``of
[[Page 61024]]
commercially available off-the-shelf (COTS) items'' in its place; and
0
c. Removing from paragraph (b) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.501 [Amended]
0
71. Amend section 12.501 by removing from paragraphs (a) and (b) the
term ``commercial items'' and adding ``commercial products or
commercial services'' in its place.
12.502 [Amended]
0
72. Amend section 12.502 by--
0
a. Removing from paragraph (a) the text ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
b. Revising paragraph (b).
The revision reads as follows:
12.502 Procedures.
* * * * *
(b) For subcontracts for the acquisition of commercial products or
commercial services, the clauses at 52.212-5, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders--
Commercial Products and Commercial Services, and 52.244-6, Subcontracts
for Commercial Products and Commercial Services, reflect the
applicability of the laws listed in 12.504 by identifying the only
provisions and clauses that are required to be included in a
subcontract at any tier for the acquisition of commercial products or
commercial services.
* * * * *
0
73. Amend section 12.503 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) the text ``commercial items'' and adding
``commercial products or commercial services'' in its place;
0
c. Removing from paragraph (b) the text ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
d. Removing from paragraph (c) the words ``regards'' and ``commercial
items'' and adding ``regard'' and ``commercial products and commercial
services'' in their places, respectively.
The revision reads as follows:
12.503 Applicability of certain laws to Executive agency contracts
for the acquisition of commercial products and commercial services.
* * * * *
0
74. Amend section 12.504 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) the phrase ``commercial items or
commercial components'' and adding ``commercial products or commercial
services'' in its place;
0
c. Removing from paragraph (b) the terms ``Subpart 22.3'' and
``commercial items or commercial components'' and adding ``subpart
22.3'' and ``commercial products or commercial services'' in their
places, respectively; and
0
d. Removing from paragraph (c) the words ``regards'' and ``commercial
items or commercial components'' and adding ``regard'' and ``commercial
products or commercial services'' in their places, respectively.
The revision reads as follows:
12.504 Applicability of certain laws to subcontracts for the
acquisition of commercial products and commercial services.
* * * * *
12.505 [Amended]
0
75. Amend section 12.505 by removing from the introductory text the
words ``commercial items'' and adding ``commercial products'' in its
place.
0
76. Revise the heading of subpart 12.6 to read as follows:
Subpart 12.6--Streamlined Procedures for Evaluation and
Solicitation for Commercial Products and Commercial Services
0
77. Revise section 12.601 to read as follows:
12.601 General.
(a) This subpart provides optional procedures for--
(1) Streamlined evaluation of offers for commercial products or
commercial services; and
(2) Streamlined solicitation of offers for commercial products or
commercial services for use where appropriate.
(b) These procedures are intended to simplify the process of
preparing and issuing solicitations and evaluating offers for
commercial products or commercial services consistent with customary
commercial practices.
0
78. Amend section 12.602 by--
0
a. Removing from paragraph (a):
0
i. The term ``Commercial Items'' and adding ``Commercial Products and
Commercial Services'' in its place; and
0
ii. The term ``commercial items'' and adding ``commercial products or
commercial services'' in its place; and
0
b. Revising paragraph (b).
The revision reads as follows:
12.602 Streamlined evaluation of offers.
* * * * *
(b) Offers shall be evaluated in accordance with the criteria
contained in the solicitation. For many commercial products or
commercial services, the criteria need not be more detailed than
technical (capability of the item offered to meet the agency need),
price, and past performance. Technical capability may be evaluated by
how well the proposed products or services meet the Government
requirement instead of predetermined subfactors. Solicitations for
commercial products or commercial services do not have to contain
subfactors for technical capability when the solicitation adequately
describes the intended use of the commercial product or commercial
service. A technical evaluation would normally include examination of
such things as product or service literature, product samples (if
requested), technical features, and warranty provisions. Past
performance shall be evaluated in accordance with the procedures in
section 13.106 or subpart 15.3, as applicable. The contracting officer
shall ensure the instructions provided in the provision at 52.212-1,
Instructions to Offerors--Commercial Products and Commercial Services,
and the evaluation criteria provided in the provision at 52.212-2,
Evaluation--Commercial Products and Commercial Services, are in
agreement.
* * * * *
0
79. Amend section 12.603 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place;
0
c. Removing from paragraph (c)(2)(i) the terms ``commercial items'' and
``Subpart 12.6'' and adding ``commercial products or commercial
services'' and ``subpart 12.6'' in their places, respectively;
0
d. Removing from paragraph (c)(2)(viii) the text ``Commercial'' and
adding ``Commercial Products and Commercial Services'' in its place;
0
e. Removing from paragraphs (c)(2)(ix), (x), and (xi) the text
``Commercial Items'' and adding ``Commercial Products and Commercial
Services'' in its place; and
0
f. Removing from paragraph (c)(2)(xii) the phrase ``Or Executive
Orders--Commercial Items'' and adding ``or Executive Orders--Commercial
Products and Commercial Services'' in its place.
The revision reads as follows:
12.603 Streamlined solicitation for commercial products or commercial
services.
* * * * *
[[Page 61025]]
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.000 [Amended]
0
80. Amend section 13.000 by:
0
i. Removing the text ``and commercial items'' and adding ``commercial
products, and commercial services''; and
0
ii. Removing the text ``of commercial items'' wherever it appears and
adding ``of commercial products and commercial services'' in its place.
13.003 [Amended]
0
81. Amend section 13.003 by--
0
a. Removing from paragraph (c)(1)(ii) the phrase ``commercial items
using Subpart'' and adding ``commercial products or commercial services
using subpart'' in its place;
0
b. Removing from paragraph (c)(2) introductory text the phrase
``commercial items, the threshold in Subpart'' and adding ``commercial
products and commercial services, the threshold in subpart'' in its
place;
0
c. Removing from paragraph (g)(1) the phrase ``threshold for other than
commercial items'' and adding ``threshold when acquiring other than
commercial products or commercial services'' in its place; and
0
d. Removing from paragraph (g)(2) the text ``commercial items'' and
``in Parts'' and adding ``commercial products or commercial services''
and ``in parts'' in their places, respectively.
0
82. Amend section 13.005 by revising paragraph (b) to read as follows:
13.005 List of laws inapplicable to contracts and subcontracts at or
below the simplified acquisition threshold.
* * * * *
(b) The Federal Acquisition Regulatory Council (FAR Council) will
include any law enacted after October 13, 1994, that sets forth
policies, procedures, requirements, or restrictions for the acquisition
of property or services, on the list set forth in paragraph (a) of this
section. The FAR Council may make exceptions when it determines in
writing that it is in the best interest of the Government that the
enactment should apply to contracts or subcontracts not greater than
the simplified acquisition threshold.
* * * * *
13.105 [Amended]
0
83. Amend section 13.105 by removing from paragraph (b) the words
``commercial items'' and adding ``commercial products or commercial
services,'' in its place.
13.106-1 [Amended]
0
84. Amend section 13.106-1 by removing from paragraph (b)(2) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
13.302-1 [Amended]
0
85. Amend section 13.302-1 by removing from paragraph (a) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
13.302-4 [Amended]
0
86. Amend section 13.302-4 by--
0
a. Removing from paragraph (a)(1) ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
b. Removing from paragraph (a)(2) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
13.302-5 [Amended]
0
87. Amend section 13.302-5 by removing from paragraph (d)(1) the text
``Commercial Items'' and ``commercial items'' and adding ``Commercial
Products and Commercial Services'' and ``commercial products or
commercial services'' in their places, respectively.
13.303-5 [Amended]
0
88. Amend section 13.303-5 by removing from paragraph (b)(2) the terms
``commercial item'' and ``Subpart 13.5'' and adding ``commercial
product and commercial service'' and ``subpart 13.5'' in their places,
respectively.
13.303-8 [Amended]
0
89. Amend section 13.303-8 by removing ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place.
13.307 [Amended]
0
90. Amend section 13.307 by--
0
a. In paragraph (a):
0
i. In the paragraph heading, removing ``Commercial items'' and adding
``Commercial products and commercial services'' in its place; and
0
ii. Removing the text ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in its place; and
0
b. In paragraphs (b) and (c), removing the text ``commercial items''
and adding ``commercial products and commercial services'' in its
place.
0
91. Revise the heading for subpart 13.5 to read as follows:
Subpart 13.5--Simplified Procedures for Certain Commercial Products
and Commercial Services
13.500 [Amended]
0
92. Amend section 13.500 by--
0
a. In paragraph (a), removing the terms ``commercial items'' and
``commercial item acquisitions'' and adding the terms ``commercial
products or commercial services'' and ``commercial acquisitions'' in
their places, respectively;
0
b. In paragraph (b), removing the text ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
c. In paragraphs (c)(1) and (2), removing the term ``commercial items''
and adding in its place the term ``commercial products or commercial
services''.
PART 14--SEALED BIDDING
14.201-1 [Amended]
0
93. Amend section 14.201-1 by removing from paragraph (c) the phrase
``(see 4.1202(b)) or for acquisitions of commercial items'' and adding
``(see 4.1202(b)), or for acquisitions of commercial products and
commercial services'' in its place.
PART 15--CONTRACTING BY NEGOTIATION
15.204-1 [Amended]
0
94. Amend section 15.204-1 by removing from paragraph (b) the text
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
15.209 [Amended]
0
95. Amend section 15.209 by removing from paragraph (b)(1)(iii) the
term ``commercial items'' and adding ``commercial products or
commercial services'' in its place.
0
96. Amend section 15.306 by revising paragraph (e)(2) to read as
follows:
15.306 Exchanges with offerors after receipt of proposals.
* * * * *
(e) * * *
(2) Reveals an offeror's technical solution, including--
(i) Unique technology;
(ii) Innovative and unique uses of commercial products or
commercial services; or
(iii) Any information that would compromise an offeror's
intellectual property to another offeror;
* * * * *
[[Page 61026]]
15.401 [Amended]
0
97. Amend section 15.401 in the definition of ``Subcontract'' by
removing the terms ``commercial items'' and ``41 U.S.C. 3501(a)(3)''
and adding ``commercial products or commercial services'' and ``41
U.S.C. 3501(a)(2)'' in their places, respectively.
0
98. Amend section 15.403-1 by--
0
a. In paragraph (b)(3), removing the terms ``commercial item'' and
``subsection'' and adding ``commercial product or commercial service''
and ``section'' in their places, respectively;
0
b. In paragraph (b)(5), removing the terms ``commercial items'' and
``subsection'' and adding ``commercial products or commercial
services'' and ``section'' in their places, respectively;
0
c. Revising the heading of paragraph (c)(3) and revising paragraph
(c)(3)(i);
0
d. Removing from paragraphs (c)(3)(ii)(A) and (B) the term ``commercial
items'' and adding ``commercial services'' in their places,
respectively;
0
e. Revising paragraph (c)(3)(iii) introductory text;
0
f. Removing from paragraphs (c)(3)(iii)(A), (B), and (C) the text
``commercial item'' and adding ``commercial product'' in their places,
respectively; and
0
g. Removing from paragraph (c)(3)(iv) the phrase ``for noncommercial
supplies or services treated as commercial items'' and adding ``for
other than commercial products or services treated as commercial
products or commercial services'' in its place.
The revisions read as follows:
15.403-1 Prohibition on obtaining certified cost or pricing data (10
U.S.C. 2306a and 41 U.S.C. chapter 35).
* * * * *
(c) * * *
(3) Commercial products and commercial services. (i) Any
acquisition that the contracting officer determines meets the
commercial product or commercial service definition in 2.101, or any
modification, as defined in paragraph (3)(i) of the commercial product
definition, that does not change a commercial product to other than
commercial, is exempt from the requirement for certified cost or
pricing data. If the contracting officer determines that a product or
service claimed to be commercial is not, and that no other exception or
waiver applies (e.g., the acquisition is not based on adequate price
competition; the acquisition is not based on prices set by law or
regulation; and the acquisition exceeds the threshold for the
submission of certified cost or pricing data at 15.403-4(a)(1)), the
contracting officer shall require submission of certified cost or
pricing data.
* * * * *
(iii) The following requirements apply to minor modifications
defined in paragraph (3)(ii) of the definition of a commercial product
at 2.101 that do not change the commercial product to other than
commercial:
* * * * *
15.403-3 [Amended]
0
99. Amend section 15.403-3 by--
0
a. Revising the heading of paragraph (c);
0
b. Removing from paragraph (c)(1) the term ``commercial item'' and
adding ``commercial product or commercial service'' in its place;
0
c. Removing from the heading of paragraph (c)(2) the term ``commercial
items'' and adding ``commercial products or commercial services'' in
its place; and
0
d. Removing from paragraphs (c)(2)(i), (ii), and (iii) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
The revision reads as follows:
15.403-3 Requiring data other than certified cost or pricing data.
* * * * *
(c) Commercial products and commercial services. * * *
* * * * *
0
100. Amend section 15.404-1 by--
0
a. Removing from paragraph (a)(4) the phrase ``for commercial or non-
commercial items'';
0
b. Revising the heading of paragraph (b);
0
c. Removing from the last sentence in paragraph (b)(1) the word
``item'';
0
d. Removing from paragraph (b)(2)(ii) introductory text the phrase
``commercial items including those ``of a type'' or requiring minor
modifications'' and adding ``commercial products or commercial services
including those ``of a type'' or when requiring minor modifications for
commercial products'' in its place;
0
e. Removing from paragraphs (b)(2)(ii)(C) and (e)(3) the phrase
``commercial items that are ``of a type'' or requiring minor
modifications'' and adding ``commercial products or commercial services
that are ``of a type'', or requiring minor modifications for commercial
products'' in its place; and
0
f. Removing from paragraph (f)(2) the term ``commercial items'' and
adding ``commercial products'' in its place.
The revision reads as follows:
15.404-1 Proposal analysis techniques.
* * * * *
(b) Price analysis. * * *
* * * * *
15.404-2 [Amended]
0
101. Amend section 15.404-2 in paragraph (a)(2)(iii)(E) by removing the
term ``for an item'' and adding its place the term ``for a product or
service'' and removing the term ``commercial item'' and adding in its
place the phrase ``commercial product or commercial service''.
15.407-2 [Amended]
0
102. Amend section 15.407-2 by removing from paragraph (e)(1) the text
``commercial items'' and adding ``commercial products, commercial
services'' in its place.
15.408 [Amended]
0
103. Amend section 15.408 by--
0
a. Removing from paragraph (f)(1)(v) the text ``commercial items'' and
adding ``commercial products and commercial services'' in its place;
0
b. Removing from paragraphs (n)(2)(i)(B)(2)(iii), (iv), and (vi) the
term ``commercial item'' and adding ``commercial product or commercial
service'' in its place; and
0
c. In table 15-2:
0
i. Revising the section I heading;
0
ii. Revising the section II heading;
0
iii. In paragraph (II)(A)(2), in the second sentence, removing the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
iv. In paragraph (II)(A)(2), in the ninth sentence, removing the term
``commercial items'' and adding ``commercial products'' in its place;
and
0
v. Revising the section III heading.
The revisions read as follows:
15.408 Solicitation provisions and contract clauses.
* * * * *
Table 15-2--Instructions for Submitting Cost/Price Proposals When
Certified Cost or Pricing Data Are Required
* * * * *
I. General Instructions
* * * * *
II. Cost Elements
* * * * *
III. Formats for Submission of Line Item Summaries
* * * * *
15.506 [Amended]
0
104. Amend section 15.506 by removing from paragraph (d)(5) the phrase
``commercial items, the make
[[Page 61027]]
and model of the item'' and adding ``commercial products, the make and
model of the product'' in its place.
0
105. Amend section 15.601 by revising the definition of ``Commercial
item offer'' to read as follows:
15.601 Definitions.
* * * * *
Commercial product or commercial service offer means an offer of a
commercial product or commercial service that the vendor wishes to see
introduced in the Government's supply system as an alternate or a
replacement for an existing supply item. This term does not include
innovative or unique configurations or uses of commercial products or
commercial services that are being offered for further development and
that may be submitted as an unsolicited proposal.
* * * * *
15.603 [Amended]
0
106. Amend section 15.603 by removing from paragraph (b) the term
``commercial item'' and adding ``commercial product or commercial
service'' in its place.
PART 16--TYPES OF CONTRACTS
0
107. Amend section 16.001 by adding in alphabetical order the
definition of ``Established price'' to read as follows:
16.001 Definitions.
* * * * *
Established price means a price that--
(1) Is an established catalog or market price for a commercial
product sold in substantial quantities to the general public; and
(2) Is the net price after applying any standard trade discounts
offered by the contractor.
* * * * *
16.201 [Amended]
0
108. Amend section 16.201 by removing from paragraph (a) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
16.202-2 [Amended]
0
109. Amend section 16.202-2 by removing from the introductory text the
term ``commercial items'' and adding ``commercial products or
commercial services'' in its place.
0
110. Amend section 16.203-4 by adding paragraphs (a)(4), (b)(6), and
(c)(5) to read as follows:
16.203-4 Contract clauses.
(a) * * *
(4) The contracting officer may modify the clause by increasing the
10 percent limit on aggregate increases specified in 52.216-2(c)(1),
upon approval by the chief of the contracting office.
(b) * * *
(6) The contracting officer may modify the clause by increasing the
10 percent limit on aggregate increases specified in 52.216-3(c)(1),
upon approval by the chief of the contracting office.
(c) * * *
(5) The contracting officer may modify the clause by increasing the
10 percent limit on aggregate increases specified in 52.216-4(c)(4),
upon approval by the chief of the contracting office.
* * * * *
16.301-3 [Amended]
0
111. Amend section 16.301-3 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
16.307 [Amended]
0
112. Amend section 16.307 by removing from paragraph (a)(1) the term
``commercial item'' and adding ``commercial product or commercial
service'' in its place.
16.506 [Amended]
0
113. Amend section 16.506 by removing from paragraph (h) the words
``See'' and ``commercial items'' and adding ``See'' and ``commercial
products or commercial services'' in their places, respectively.
0
114. Amend section 16.601 by--
0
a. Removing from paragraph (c)(2)(ii) the term ``noncommercial items''
and adding ``other than commercial products or commercial services'' in
its place;
0
b. Removing from paragraph (c)(2)(iv) the phrase ``the definition of
commercial item at 2.101'' and adding ``the definition of ``commercial
service'''' in its place;
0
c. Removing from paragraph (d)(2) the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place;
and
0
d. Revising the first sentence of paragraph (f)(1) and revising
paragraphs (f)(2) and (3).
The revisions read as follows:
16.601 Time-and-materials contracts.
* * * * *
(f) * * * (1) The contracting officer shall insert the provision at
52.216-29, Time-and-Materials/Labor-Hour Proposal Requirements--Other
Than Commercial Acquisition With Adequate Price Competition, in
solicitations contemplating use of a time-and-materials or labor-hour
type of contract for the acquisition of other than commercial products
or commercial services, if the price is expected to be based on
adequate price competition. * * *
(2) The contracting officer shall insert the provision at 52.216-
30, Time-and-Materials/Labor-Hour Proposal Requirements--Other Than
Commercial Acquisition Without Adequate Price Competition, in
solicitations for the acquisition of other than commercial products or
commercial services contemplating use of a time-and-materials or labor-
hour type of contract if the price is not expected to be based on
adequate price competition.
(3) The contracting officer shall insert the provision at 52.216-
31, Time-and-Materials/Labor-Hour Proposal Requirements--Commercial
Acquisition, in solicitations contemplating use of a commercial time-
and-materials or labor-hour contract.
PART 18--EMERGENCY ACQUISITIONS
18.201 [Amended]
0
115. Amend section 18.201 by removing from paragraph (e) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
0
116. Amend section 18.202 by--
0
a. Revising the heading for paragraph (c);
0
b. Removing from paragraph (c) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
c. Removing from paragraph (d) the term ``commercial items'' and adding
``commercial products and commercial services'' in its place.
The revision reads as follows:
18.202 Defense or recovery from certain events.
* * * * *
(c) Commercial product or commercial service treatment. * * *
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
19.304 [Amended]
0
117. Amend section 19.304 by removing from paragraph (b) the term
``Certifications--Commercial Items'' and adding ``Certifications--
Commercial
[[Page 61028]]
Products and Commercial Services'' in its place.
19.701 [Amended]
0
118. Amend section 19.701 by removing from the definition of
``Commercial plan'' the term ``commercial items'' and adding
``commercial products and performance of commercial services'' in its
place.
19.704 [Amended]
0
119. Amend section 19.704 by removing from paragraph (d) the terms
``commercial items'' and ``commercial item'' and adding ``commercial
products and commercial services'' and ``commercial product or
commercial service'' in their places, respectively.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.305 [Amended]
0
120. Amend section 22.305 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
22.604-1 [Amended]
0
121. Amend section 22.604-1 by removing from paragraph (a) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
22.1302 [Amended]
0
122. Amend section 22.1302 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products or commercial
services,'' in its place.
22.1310 [Amended]
0
123. Amend section 22.1310 by removing from paragraph (c) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
22.1505 [Amended]
0
124. Amend section 22.1505 by removing from paragraph (a) the terms
``commercial items'' and ``Certifications--Commercial Items'' and
adding ``commercial products or commercial services'' and
``Certifications--Commercial Products and Commercial Services'' in
their places, respectively.
22.1605 [Amended]
0
125. Amend section 22.1605 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products, commercial services,'' in its
place.
22.1801 [Amended]
0
126. Amend section 22.1801 in the definition of ``Commercially
available off-the-shelf (COTS) item'' by removing in paragraph (1)(i)
the phrase ``commercial item (as defined in paragraph (1) of the
definition at 2.101'' and adding ``commercial product (as defined in
paragraph (1) of the definition of ``commercial product'' at 2.101'' in
its place.
22.1802 [Amended]
0
127. Amend section 22.1802 by removing from paragraph (b)(4)(i) the
term ``Commercial or noncommercial services'' and adding ``Services''
in its place.
22.1803 [Amended]
0
128. Amend section 22.1803 by removing from paragraph (c)(2) the phrase
``definition of ``commercial item'' at 2.101'' and adding ``definition
of ``commercial product'' at 2.101'' in its place.
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.501 [Amended]
0
129. Amend section 23.501 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
PART 25--FOREIGN ACQUISITION
25.103 [Amended]
0
130. Amend section 25.103 by removing from paragraph (e) the terms
``commercial item'', ``commercial item'', and ``Section'' and adding
``commercial product'', ``commercial product'', and ``section'' in
their places, respectively.
25.202 [Amended]
0
131. Amend section 25.202 by removing from paragraph (a)(4) the terms
``commercial item'', ``commercial item'', and ``Section'' and adding
``commercial product'', ``commercial product'', and ``section'' in
their places, respectively.
25.703-2 [Amended]
0
132. Amend section 25.703-2 by--
0
a. Removing from paragraph (b) introductory text the phrase ``of this
subsection'' and adding ``of this section'' in its place; and
0
b. Removing from paragraph (b)(1) the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
25.1001 [Amended]
0
133. Amend section 25.1001 by removing from paragraph (a) the text
``Executive Orders--Commercial Items'' and adding ``Executive Orders--
Commercial Products and Commercial Services'' in its place.
25.1101 [Amended]
0
134. Amend section 25.1101 by--
0
a. In paragraph (a)(1)(i), removing the word ``Subpart'' and adding
``subpart'' in its place;
0
b. In paragraph (a)(1)(ii), removing the term ``commercial item'' and
adding ``commercial product'' in its place; and
0
c. In paragraph (b)(1)(i)(B), removing the term ``commercial item'' and
adding ``commercial product'' in its place.
0
135. Amend section 25.1103 by revising paragraph (d) to read as
follows:
25.1103 Other provisions and clauses.
* * * * *
(d) The contracting officer shall include in each solicitation for
the acquisition of other than commercial products or commercial
services the provision at 52.225-20, Prohibition on Conducting
Restricted Business Operations in Sudan--Certification.
* * * * *
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.206 [Amended]
0
136. Amend section 26.206 by removing from paragraph (a) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
PART 27--PATENTS, DATA, AND COPYRIGHTS
27.102 [Amended]
0
137. Amend section 27.102 by removing from paragraph (c) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
27.201-1 [Amended]
0
138. Amend section 27.201-1 by removing from paragraph (d) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place, and by removing ``FAR''.
27.201-2 [Amended]
0
139. Amend section 27.201-2 by--
0
a. Removing from paragraph (c)(1) the term ``commercial items'' and
adding
[[Page 61029]]
``commercial products or the provision of commercial services'' in its
place; and
0
b. Removing from paragraph (c)(2)(i) the term ``commercial items'' and
adding ``commercial products or the provision of services that are not
commercial services'' in its place.
PART 28--BONDS AND INSURANCE
28.106-4 [Amended]
0
140. Amend section 28.106-4 by removing from paragraph (b) the words
``Section'', ``Pub. L.'' wherever it appears, ``Sections'', and
``commercial items as defined in Subpart'' and adding ``section'',
``Public Law'', ``sections'', and ``commercial products or commercial
services as defined in subpart'' in their places, respectively.
28.106-6 [Amended]
0
141. Amend section 28.106-6 in paragraph (d) introductory text by:
0
a. Removing the term ``Pub. L.'' wherever it appears and adding in its
place ``Public Law'';
0
b. Removing the word ``Sections'' and adding in its place ``sections'';
and
0
c. Removing the phrase ``commercial items as defined in Subpart'' and
adding in its place ``commercial products or commercial services as
defined in subpart''.
PART 29--TAXES
29.402-3 [Amended]
0
142. Amend section 29.402-3 by removing from paragraph (a) introductory
text the terms ``FAR part 12'' and ``commercial items'' and adding
``part 12'' and ``commercial products and commercial services'' in
their places, respectively.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.201-5 [Amended]
0
143. Amend section 30.201-5 by:
0
a. In paragraph (b)(1) introductory text, removing the text
``$15,000,000'' and adding ``$15 million'' in its place; and
0
b. In paragraph (b)(1)(i), removing the term ``commercial items'' and
adding in its place ``commercial products or commercial services''.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
31.205-26 [Amended]
0
144. Amend section 31.205-26 by removing from paragraph (f)
introductory text the phrases ``commercial item'' and ``subsection is
transferred'' and adding ``commercial product or commercial service''
and ``section is sold or transferred'' in their places, respectively.
PART 32--CONTRACT FINANCING
32.000 [Amended]
0
145. Amend section 32.000 by removing from paragraph (g) the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
32.002 [Amended]
0
146. Amend section 32.002 by--
0
a. Removing from paragraph (b) the terms ``Commercial Item'' and
``commercial items'' and adding ``Commercial Product and Commercial
Service'' and ``commercial products and commercial services'' in their
places, respectively;
0
b. Removing from paragraph (c)(1) the term ``Non-Commercial Item
Purchase Financing'' and adding ``Financing for Other Than a Commercial
Purchase'' in its place; and
0
c. Removing from paragraph (c)(2) the words ``For Non-Commercial
Items'' and adding ``for Other Than Commercial Acquisitions'' in its
place.
32.005 [Amended]
0
147. Amend section 32.005 by removing from paragraph (c) the term ``for
Non-Commercial Items'' and adding ``for Other Than Commercial
Acquisitions'' in its place.
0
148. Revise the heading of subpart 32.1 to read as follows:
Subpart 32.1 Financing for Other Than a Commercial Purchase
32.100 [Amended]
0
149. Amend section 32.100 by removing the text ``commercial items'' and
adding ``commercial products or commercial services'' in its place.
32.110 [Amended]
0
150. Amend section 32.110 by removing from paragraph (a) the term
``commercial item'' and adding ``commercial product or commercial
service'' in its place.
32.112 [Amended]
0
151. Amend section 32.112 by revising the section heading to read as
follows:
32.112 Nonpayment of subcontractors under contracts other than for
commercial products and commercial services.
* * * * *
0
152. Amend section 32.112-2 by revising paragraph (a) introductory text
to read as follows:
32.112-2 Subcontractor requests for information.
(a) In accordance with section 806(a)(1) of Public Law 102-190, as
amended by sections 2091 and 8105 of Public Law 103-355 (10 U.S.C. 2302
note), upon the request of a subcontractor or supplier under a Federal
contract other than for a commercial product or commercial service, the
contracting officer shall promptly advise the subcontractor or supplier
as to--
* * * * *
0
153. Revise the heading of subpart 32.2 to read as follows:
Subpart 32.2 Commercial Product and Commercial Service Purchase
Financing
32.201 [Amended]
0
154. Amend section 32.201 by removing the text ``commercial items'' and
adding ``commercial products or commercial services'' in its place.
32.202-1 [Amended]
0
155. Amend section 32.202-1 by--
0
a. Removing from paragraph (a) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
b. In paragraph (c):
0
i. Removing the term ``non-commercial'' and adding ``other than
commercial'' in its place; and
0
ii. Removing the term ``non-commercial'' wherever it appears and adding
``other than commercial'' in its place.
32.202-2 [Amended]
0
156. Amend section 32.202-2 by--
0
a. Revising the section heading; and
0
b. Removing from the definition of ``Commercial advance payment'' the
word ``subsection'' and the term ``for Non-Commercial Items'' and
adding ``section'' and ``for Other Than Commercial Acquisitions'' in
their places, respectively.
The revision reads as follows:
32.202-2 Types of payments for commercial product and commercial
service purchases.
* * * * *
32.202-4 [Amended]
0
157. Amend section 32.202-4 by removing from paragraph (a)(2) the term
``Commercial Items'' and adding ``Commercial Products and Commercial
Services'' in its place.
32.206 [Amended]
0
158. Amend section 32.206 by--
0
a. Removing the term ``Commercial Items'' wherever it appears and
adding
[[Page 61030]]
``Commercial Products and Commercial Services'' in its place;
0
b. Removing from paragraph (f) ``non-commercial'' and adding ``other
than commercial'' in its place; and
0
c. Removing from paragraph (g) heading ``commercial items'' and adding
``commercial products and commercial services'' in its place.
0
159. Revise the heading of subpart 32.4 to read as follows:
Subpart 32.4 Advance Payments for Other Than Commercial
Acquisitions
32.504 [Amended]
0
160. Amend section 32.504 by removing from paragraphs (a), (b), and (g)
the term ``commercial item'' and adding ``commercial product or
commercial service'' in its place.
32.601 [Amended]
0
161. Amend section 32.601 by removing from paragraphs (b)(3) and (10)
the term ``commercial item financing'' and adding ``financing of
commercial products or commercial services'' in its place.
32.904 [Amended]
0
162. Amend section 32.904 by removing from paragraph (b)(1)(ii)(B)(4)
the phrase ``commercial item, including a brand-name commercial item
for'' and adding ``commercial product or commercial service, including
a brand-name commercial product for'' in its place.
32.908 [Amended]
0
163. Amend section 32.908 by--
0
a. Removing from paragraph (c) introductory text the term ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place; and
0
b. Removing from paragraph (c)(1) the terms ``commercial item'' and
``commercial item for'' and adding ``commercial product or commercial
service'' and ``commercial product for'' in their places, respectively.
PART 37--SERVICE CONTRACTING
37.601 [Amended]
0
164. Amend section 37.601 by removing paragraph (c).
PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING
38.101 [Amended]
0
165. Amend section 38.101 by removing from paragraph (a) the phrase
``commercial supplies and services'' and adding ``commercial supplies
and commercial services'' in its place.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
0
166. Amend section 39.203 by revising paragraph (d) to read as follows:
39.203 Applicability.
* * * * *
(d) Commercial products and commercial services. When acquiring
commercial products and commercial services, an agency must comply with
those ICT accessibility standards that can be met with supplies or
services that are available in the commercial marketplace and that best
address the agency's needs, but see 39.205(a)(3).
* * * * *
0
167. Amend section 39.205 by revising paragraphs (a)(3) and (c)(3)
introductory text to read as follows:
39.205 Exemptions.
(a) * * *
(3) Nonavailability of conforming commercial products and
commercial services. Where there are no commercial products and
commercial services that fully conform to the ICT accessibility
standards, the agency shall procure the supplies or service available
in the commercial marketplace that best meets the ICT accessibility
standards consistent with the agency's needs.
* * * * *
(c) * * *
(3) Nonavailability of conforming commercial products and
commercial services. A determination of commercial products and
commercial services nonavailability shall include--
* * * * *
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.709-1 [Amended]
0
168. Amend section 42.709-1 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
42.709-7 [Amended]
0
169. Amend section 42.709-7 by removing the text ``commercial items''
and adding ``commercial products or commercial services'' in its place.
42.1305 [Amended]
0
170. Amend section 42.1305 by removing from paragraph (c) the text
``modified-commercial items'' wherever it appears and adding
``modified-commercial products'' in its place.
PART 43--CONTRACT MODIFICATIONS
43.105 [Amended]
0
171. Amend section 43.105 by removing from paragraph (c) the phrase
``commercial items, including commercially available off-the-shelf
items'' and adding ``commercial products, including commercially
available off-the-shelf items, and commercial services'' in its place.
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
44.000 [Amended]
0
172. Amend section 44.000 by removing from paragraph (b) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
44.302 [Amended]
0
173. Amend section 44.302 by removing from paragraph (a) the terms
``commercial items'' and ``Part 12'' and adding ``commercial products
and commercial services'' and ``part 12'' in their places,
respectively.
44.303 [Amended]
0
174. Amend section 44.303 by removing from the introductory text the
term ``commercial items'' and adding ``commercial products and
commercial services'' in its place.
0
175. Revise the heading for subpart 44.4 to read as follows:
Subpart 44.4 Subcontracts for Commercial Products and Commercial
Services
44.400 [Amended]
0
176. Amend section 44.400 by removing the text ``commercial items or
commercial components'' and adding ``commercial products, including
commercial components, or commercial services'' in its place.
44.402 [Amended]
0
177. Amend section 44.402 by--
0
a. Removing from paragraph (a)(1) the words ``commercial items'' and
adding ``commercial products, commercial services,'' in its place;
0
b. Removing from paragraph (a)(2) introductory text the phrase
``commercial items or commercial components'' and adding ``commercial
products or commercial services'' in its place;
0
c. Removing from paragraph (a)(2)(i) the phrase ``executive orders
applicable to subcontractors furnishing commercial items or commercial
components'' and adding ``Executive orders applicable to
[[Page 61031]]
subcontractors furnishing commercial products or commercial services''
in its place;
0
d. Removing from paragraph (b) the terms ``Commercial Items'' and
``commercial items or commercial components'' and adding ``Commercial
Products and Commercial Services'' and ``commercial products or
commercial services'' in their places, respectively; and
0
e. Removing from paragraph (c) the words ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
44.403 [Amended]
0
178. Amend section 44.403 by removing the terms ``Commercial Items''
and ``commercial items'' and adding ``Commercial Products and
Commercial Services'' and ``commercial products or commercial
services'' in their places, respectively.
PART 46--QUALITY ASSURANCE
46.102 [Amended]
0
179. Amend section 46.102 by--
0
a. Removing from paragraph (b) the phrase ``services tendered'' and
adding ``services (including commercial services) tendered'' in its
place; and
0
b. Removing from paragraph (f) the phrases ``commercial items shall''
and ``commercial item'' and adding ``commercial products'' and
``commercial product'' in their places, respectively.
0
180. Revise section 46.202-1 to read as follows:
46.202-1 Contracts for commercial products and commercial services.
When acquiring commercial products (see part 12), the Government
shall rely on contractors' existing quality assurance systems as a
substitute for Government inspection and testing before tender for
acceptance unless customary market practices for the commercial product
being acquired include in-process inspection. Any in-process inspection
by the Government shall be conducted in a manner consistent with
commercial practice. The Government shall rely on the contractor to
accomplish all inspection and testing needed to ensure that commercial
services acquired conform to contract requirements before they are
tendered to the Government.
46.317 [Amended]
0
181. Amend section 46.317 by removing from paragraph (b)(1) the term
``Commercial items'' and adding ``Commercial products and commercial
services'' in its place.
0
182. Amend section 46.706 by--
0
a. Removing from paragraph (b)(1)(iii) the term ``commercial items''
and adding ``commercial products and commercial services'' in its
place; and
0
b. Revising paragraph (b)(5).
The revision reads as follows:
46.706 Warranty terms and conditions.
* * * * *
(b) * * *
(5) Markings. (i) The packaging and preservation requirements of
the contract shall require the contractor to stamp or mark the supplies
delivered or otherwise furnish notice with the supplies of the
existence of the warranty. The purpose of the markings or notice is to
inform Government personnel who store, stock, or use the supplies that
the supplies are under warranty. Markings may be brief but should
include--
(A) A brief statement that a warranty exists;
(B) The substance of the warranty;
(C) Its duration; and
(D) Who to notify if the supplies are found to be defective.
(ii) For commercial products (see 46.709), the contractor's trade
practice in warranty marking is acceptable if sufficient information is
presented for supply personnel and users to identify warranted
supplies.
* * * * *
0
183. Amend section 46.709 by:
0
a. Revising the section heading; and
0
b. Removing the term ``commercial items'' and adding ``commercial
products and commercial services'' in its place.
The revision reads as follows:
46.709 Warranties of commercial products and commercial services.
* * * * *
46.710 [Amended]
0
184. Amend section 46.710 by removing from the introductory text the
term ``commercial items'' and adding ``commercial products and
commercial services'' in its place.
0
185. Amend section 46.801 by revising paragraph (a) to read as follows:
46.801 Applicability.
(a) This subpart does not apply to commercial products and
commercial services. This subpart applies to contracts other than those
for--
(1) Information technology, including telecommunications;
(2) Construction;
(3) Architect-engineer services; and
(4) Maintenance and rehabilitation of real property.
* * * * *
PART 47--TRANSPORTATION
47.405 [Amended]
0
186. Amend section 47.405 by removing the quote marks in the first
sentence, and by removing in the second sentence ``commercial items''
and adding ``commercial products'' in its place.
47.504 [Amended]
0
187. Amend section 47.504 by:
0
a. In paragraph (d) introductory text, removing the phrase ``commercial
items or commercial components'' and adding ``commercial products,
including commercial components, or commercial services'' in its place;
and
0
b. In paragraph (d)(4) introductory text, removing the term
``commercial items'' and adding ``commercial products'' in its place.
47.507 [Amended]
0
188. Amend section 47.507 by removing from paragraph (a)(3) the terms
``Alternate II'' and ``commercial items'' and adding ``Alternate II''
and ``commercial products'' in their places, respectively.
PART 49--TERMINATION OF CONTRACTS
49.002 [Amended]
0
189. Amend section 49.002 in paragraph (a)(2) by:
0
a. Removing the term ``commercial item'' and adding in its place
``commercial product and commercial service'';
0
b. Removing the term ``commercial items'' wherever it appears and
adding in its place ``commercial products and commercial services'';
and
0
c. Removing the term ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in its place.
49.501 [Amended]
0
190. Amend section 49.501 by removing the text ``Commercial Items'' and
adding ``Commercial Products and Commercial Services'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
191. Amend section 52.203-6 by:
0
a. Revising the date of Alternate I; and
0
b. Removing from paragraph (b) of Alternate I the terms ``commercial
items'' and ``commercial item(s)'' and adding ``commercial products or
commercial services'' and ``commercial product(s) and commercial
service(s)'' in their places, respectively.
The revision reads as follows:
[[Page 61032]]
52.203-6 Restrictions on Subcontractor Sales to the Government.
* * * * *
Alternate I (NOV 2021). * * *
* * * * *
0
192. Amend section 52.203-13 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the term ``commercial item'' and adding
``commercial product or commercial service'' in its place.
The revision reads as follows:
52.203-13 Contractor Code of Business Ethics and Conduct.
* * * * *
Contractor Code of Business Ethics and Conduct (NOV 2021)
* * * * *
0
193. Amend section 52.203-14 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(1) the term ``commercial item'' and
adding ``commercial product or commercial service'' in its place.
The revision reads as follows:
52.203-14 Display of Hotline Poster(s).
* * * * *
Display of Hotline Poster(s) (NOV 2021)
* * * * *
0
194. Amend section 52.204-8 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (c)(1)(xvi) the term ``commercial items''
and adding ``commercial products or commercial services'' in its place.
The revision reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (NOV 2021)
* * * * *
0
195. Amend section 52.204-21 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems.
* * * * *
Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
* * * * *
0
196. Amend section 52.204-23 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d) the phrases ``in all subcontracts,'' and
``commercial items'' and adding ``in all subcontracts'' and
``commercial products or commercial services'' in their places,
respectively.
The revision reads as follows:
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered
Entities.
* * * * *
Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV
2021)
* * * * *
0
197. Amend section 52.204-24 by:
0
a. Revising the date of the clause; and
0
b. Removing from the introductory paragraph the term ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
The revision reads as follows:
52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment.
* * * * *
Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021)
* * * * *
0
198. Amend section 52.204-25 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (e) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
52.204-25 Prohibition on Contracting for Certain Telecommunications
and Video Surveillance Services or Equipment.
* * * * *
Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021)
* * * * *
0
199. Amend section 52.209-6 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) introductory text the word ``item'' and
adding ``item'' in its place;
0
c. Removing from paragraph (a)(1)(i) the phrase ``commercial item (as
defined in paragraph (1) of the definition in'' and adding ``commercial
product (as defined in paragraph (1) of the definition of ``commercial
product'' in'' in its place; and
0
d. Removing from paragraph (e) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
52.209-6 Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment.
* * * * *
Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
* * * * *
0
200. Amend section 52.209-13 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (a) the phrase ``commercial items as defined
at FAR 2.101'' and adding ``commercial products and commercial services
as defined in Federal Acquisition Regulation 2.101'' in its place.
The revision reads as follows:
52.209-13 Violation of Arms Control Treaties or Agreements--
Certification.
* * * * *
Violation of Arms Control Treaties or Agreements--Certification (NOV
2021)
* * * * *
0
201. Amend section 52.209-14 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(1) the term ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
The revision reads as follows:
52.209-14 Reserve Officer Training Corps and Military Recruiting on
Campus.
* * * * *
Reserve Officer Training Corps and Military Recruiting on Campus (NOV
2021)
* * * * *
0
202. Amend section 52.210-1 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (a);
0
c. Revising the introductory text of paragraph (b);
0
d. Removing from the introductory text of paragraph (b)(1) the phrase
``commercial items or, to the extent commercial items'' and adding
``commercial products, commercial services, or, to the extent
commercial products'' in its place; and
0
e. Removing from paragraph (b)(2) the term ``commercial items'' and
adding ``commercial products, commercial services,'' in its place.
The revisions read as follows:
52.210-1 Market Research.
* * * * *
Market Research (NOV 2021)
(a) Definition. As used in this clause--
[[Page 61033]]
Commercial product, commercial service, and nondevelopmental item
have the meaning contained in Federal Acquisition Regulation (FAR)
2.101.
(b) Before awarding subcontracts for other than commercial
acquisitions, where the subcontracts are over the simplified
acquisition threshold, as defined in FAR 2.101 on the date of
subcontract award, the Contractor shall conduct market research to--
* * * * *
0
203. Amend section 52.212-1 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the provision;
0
c. Removing from paragraph (b)(8) the term ``FAR 52.212-3'' and adding
``Federal Acquisition Regulation (FAR) 52.212-3'' in its place;
0
d. Removing from paragraph (e) the phrase ``subpart 4.10 of the Federal
Acquisition Regulation'' and ``commercial items'' and adding ``FAR
subpart 4.10'' and ``commercial products or commercial services'' in
their places, respectively; and
0
e. Removing from paragraph (l)(5) the phrase ``commercial items, the
make and model of the item'' and adding ``commercial products, the make
and model of the product'' in its place.
The revisions read as follows:
52.212-1 Instructions to Offerors--Commercial Products and Commercial
Services.
* * * * *
Instructions to Offerors--Commercial Products and Commercial Services
(NOV 2021)
* * * * *
0
204. Amend section 52.212-2 by revising the section heading and the
heading and date of the provision to read as follows:
52.212-2 Evaluation--Commercial Products and Commercial Services.
* * * * *
Evaluation--Commercial Products and Commercial Services (NOV 2021)
* * * * *
0
205. Amend section 52.212-3 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the provision; and
0
c. Removing from paragraph (b)(2) the term ``Commercial Items'' and
adding ``Commercial Products and Commercial Services'' in its place.
The revisions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Products and Commercial Services.
* * * * *
Offeror Representations and Certifications--Commercial Products and
Commercial Services (NOV 2021)
* * * * *
0
206. Amend section 52.212-4 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause;
0
c. Removing from paragraph (d) the term ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
d. Removing from paragraph (i)(6)(vii) the phrase ``32.608-2 of the
Federal Acquisition Regulation'' and adding ``FAR 32.608-2'' in its
place;
0
e. Revising the date of Alternate I;
0
f. Removing from the introductory text of paragraph (i)(1)(ii)(A) of
Alternate I the words ``commercial item at'' and adding ``commercial
product at FAR'' in its place; and
0
g. Removing from paragraph (i)(6)(vii) of Alternate I the phrase
``32.608-2 of the Federal Acquisition Regulation'' and adding ``FAR
32.608-2'' in its place.
The revisions read as follows:
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services.
* * * * *
Contract Terms and Conditions--Commercial Products and Commercial
Services (NOV 2021)
* * * * *
Alternate I (NOV 2021). * * *
* * * * *
0
207. Amend section 52.212-5 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause;
0
c. Removing from paragraph (a) introductory text the term ``commercial
items'' and adding ``commercial products and commercial services'' in
its place;
0
d. Removing from paragraph (a)(2) the date ``(JUL 2018)'' and adding
``(NOV 2021)'' in its place;
0
e. Removing from paragraph (a)(3) the date ``(AUG 2020)'' and adding
``(NOV 2021)'' in its place;
0
f. In paragraph (b) introductory text:
0
i. Removing the term ``commercial items'' and adding ``commercial
products and commercial services'' in its place; and
0
ii. Removing the phrase ``[Contracting Officer check as appropriate.]''
and adding in its place ``[Contracting Officer check as
appropriate.]'';
0
g. Removing from paragraph (b)(1) the date ``(OCT 1995)'' and adding
``(NOV 2021)'' in its place;
0
h. Removing from paragraph (b)(2) the date ``(JUN 2020)'' and adding
``(NOV 2021)'' in its place;
0
i. Removing from paragraph (b)(8) the date ``(JUN 2020)'' and adding
``(NOV 2021)'' in its place;
0
j. Removing from paragraph (b)(17)(i) the date ``(SEP 2021)'' and
adding ``(NOV 2021)'' in its place;
0
k. Removing from paragraph (b)(35)(i) the date ``(OCT 2020)'' and
adding ``(NOV 2021)'' in its place;
0
l. In paragraph (b)(36):
0
i. Removing the date ``(OCT 2015)'', and adding (NOV 2021) in its
place; and
0
ii. Removing the terms ``commercial items'' and ``22.1803'' and adding
``commercial products or commercial services'' and ``FAR 22.1803'' in
their places, respectively;
0
m. Removing from paragraph (b)(48) the date ``(JAN 2021)'' and adding
``(NOV 2021)'' in its place;
0
n. Removing from paragraph (b)(49)(i) the date ``(JAN 2021)'' and
adding ``(NOV 2021)'' in its place;
0
o. Removing from paragraph (b)(56) the term ``Commercial Items'' and
date ``(FEB 2002)'' and adding ``Commercial Products and Commercial
Services'' and ``(NOV 2021)'' in their places, respectively;
0
p. Removing from paragraph (b)(57) the term ``Commercial Items'' and
date ``(JAN 2017)'' and adding ``Commercial Products and Commercial
Services'' and ``(NOV 2021)'' in their places, respectively;
0
q. Removing from paragraph (b)(63)(i) the date ``(FEB 2006)'' and
adding ``(NOV 2021)'' in its place;
0
r. Removing from paragraph (b)(63)(iii) the date ``(FEB 2006)'' and
adding ``(NOV 2021)'' in its place;
0
s. Removing from paragraph (c) introductory text the term ``commercial
items'' and phrase ``[Contracting Officer check as appropriate.]'' and
adding ``commercial products and commercial services'' and
``[Contracting Officer check as appropriate.]'' in their places,
respectively;
0
t. Removing from paragraph (e)(1) introductory text the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
u. Removing from paragraph (e)(1)(i) the date ``(JUN 2020)'' and adding
``(NOV 2021)'' in its place;
0
v. Removing from paragraph (e)(1)(iii) the date ``(JUL 2018)'' and
adding ``(NOV 2021)'' in its place;
0
w. Removing from paragraph (e)(1)(iv) the date ``(AUG 2020)'' and
adding ``(NOV 2021)'' in its place;
0
x. Removing from paragraph (e)(1)(xiii)(A) the date ``(OCT 2020)'' and
adding ``(NOV 2021)'' in its place;
0
y. Removing from paragraph (e)(1)(xvi) the date ``(OCT 2015)'' and
adding ``(NOV 2021)'' in its place;
[[Page 61034]]
0
z. Removing from paragraph (e)(1)(xxii) the date ``(FEB 2006)'' and
adding ``(NOV 2021)'' in its place;
0
aa. Removing from paragraph (e)(2) the phrase ``May include in its
subcontracts for commercial items'' and adding ``may include in its
subcontracts for commercial products and commercial services'' in its
place;
0
bb. Revising the date of Alternate II;
0
cc. Removing from the introductory text of paragraph (e)(1) of
Alternate II the term ``commercial items'' and adding ``commercial
products or commercial services'' in its place;
0
dd. Removing from paragraph (e)(1)(ii)(A) of Alternate II the date
``(JUN 2020)'' and adding ``(NOV 2021)'' in its place;
0
ee. Removing from paragraph (e)(1)(ii)(C) of Alternate II the date
``(JUL 2018)'' and adding ``(NOV 2021)'' in its place;
0
ff. Removing from paragraph (e)(1)(ii)(D) of Alternate II the date
``(AUG 2020)'' and adding ``(NOV 2021)'' in its place;
0
gg. Removing from paragraph (e)(1)(ii)(L)(1) of Alternate II the date
``(OCT 2020)'' and adding ``(NOV 2021)'' in its place;
0
hh. Removing from paragraph (e)(1)(ii)(O) of Alternate II the date
``(OCT 2015)'' and adding ``(NOV 2021)'' in its place; and
0
ii. Removing from paragraph (e)(1)(ii)(U) of Alternate II the date
``(FEB 2006)'' and adding ``(NOV 2021)'' in its place.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (NOV
2021)
* * * * *
Alternate II (NOV 2021) * * *
* * * * *
0
208. Amend section 52.213-4 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause;
0
c. Removing from paragraph (a)(1)(ii) the date ``(JUL 2018)'' and
adding in its place ``(NOV 2021)'';
0
d. Removing from paragraph (a)(1)(iii) the date ``(AUG 2020)'' and
adding in its place ``(NOV 2021)'';
0
e. Removing from paragraph (a)(2)(vi) the date ``(DEC 2013)'' and
adding in its place ``(NOV 2021)'';
0
f. In paragraph (a)(2)(viii):
0
i. Removing the term ``Commercial Items'' and adding in its place
``Commercial Products and Commercial Services''; and
0
ii. Removing the date ``(JUL 2021)'' and adding ``(NOV 2021)'' in its
place;
0
g. Removing from paragraph (b)(1)(viii)(A) the date ``(OCT 2020)'' and
adding in its place ``(NOV 2021)'';
0
h. Removing from paragraph (b)(1)(xvii) the date ``(JAN 2021)'' and
adding in its place ``(NOV 2021)'';
0
i. Removing from paragraph (b)(1)(xxi) the date ``(FEB 2006)'' and
adding in its place ``(NOV 2021)'';
0
j. In paragraph (b)(2)(i):
0
i. Removing the date ``(JUN 2016)'' and adding in its place ``(NOV
2021)''; and
0
ii. Removing the phrase ``its information system.'' and adding ``its
information system.)'' in its place; and
0
k. Removing from paragraph (b)(2)(ii) the date ``(JUN 2020)'' and
adding in its place ``(NOV 2021)''.
The revisions read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (NOV 2021)
* * * * *
0
209. Amend section 52.215-1 by--
0
a. Revising the heading and date of the provision; and
0
b. Removing from paragraph (f)(11)(v) ``commercial items, the make and
model of the item'' and adding ``commercial products, the make and
model of the product'' in its place.
The revisions read as follows:
52.215-1 Instructions to Offerors--Competitive Acquisition.
* * * * *
Instructions to Offerors--Competitive Acquisition (NOV 2021)
* * * * *
0
210. Amend section 52.215-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the term ``commercial items'' and adding
``commercial products and commercial services'' in its place.
The revision reads as follows:
52.215-14 Integrity of Unit Prices.
* * * * *
Integrity of Unit Prices (NOV 2021)
* * * * *
0
211. Amend section 52.215-20 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (a)(1)(ii) the terms ``Commercial item'' and
``commercial item'' and adding ``Commercial product and commercial
service'' and ``commercial product and commercial service'' in their
places, respectively.
The revision reads as follows:
52.215-20 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data.
* * * * *
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data (NOV 2021)
* * * * *
0
212. Amend section 52.215-21 by--
0
a. Revising the date of the clause;
0
b. Removing from the introductory text of paragraph (a)(1)(ii) the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
c. Removing from paragraph (a)(1)(ii)(A)(1) the term ``commercial
item'' and adding ``commercial product or commercial service'' in its
place;
0
d. Removing from paragraph (a)(1)(ii)(A)(2) the phrase ``commercial
item to a contract or subcontract for the acquisition of an item other
than a commercial item'' and adding ``commercial product or commercial
service, to a contract or subcontract for the acquisition of other than
a commercial product or commercial service'' in its place;
0
e. Redesignating paragraph (a)(1)(ii)(B) as paragraph (a)(1)(ii)(B);
and
0
f. Removing from newly redesignated paragraph (a)(1)(ii)(B) the term
``commercial item'' and adding ``commercial product and commercial
service'' in its place.
The revision reads as follows:
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data--Modifications.
* * * * *
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data--Modifications (NOV 2021)
* * * * *
0
213. Amend section 52.216-2 by--
0
a. Revising the introductory text;
0
b. Revising the date of the clause; and
0
c. Removing from paragraph (a) the term ``commercial item'' and adding
``commercial product'' in its place.
The revisions read as follows:
[[Page 61035]]
52.216-2 Economic Price Adjustment--Standard Supplies.
As prescribed in 16.203-4(a), insert the following clause:
* * * * *
Economic Price Adjustment--Standard Supplies (NOV 2021)
* * * * *
0
214. Amend section 52.216-3 by--
0
a. Revising the introductory text;
0
b. Revising the date of the clause; and
0
c. Removing from paragraph (a) the term ``commercial item'' and adding
``commercial product'' in its place.
The revisions read as follows:
52.216-3 Economic Price Adjustment--Semistandard Supplies.
As prescribed in 16.203-4(b), insert the following clause:
* * * * *
Economic Price Adjustment--Semistandard Supplies (NOV 2021)
* * * * *
0
215. Amend section 52.216-4 by revising the introductory text to read
as follows:
52.216-4 Economic Price Adjustment--Labor and Material.
As prescribed in 16.203-4(c), insert the following clause:
* * * * *
0
216. Amend section 52.216-29 by revising the section heading and the
heading and date of the provision to read as follows:
52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements--Other
Than Commercial Acquisition With Adequate Price Competition.
* * * * *
Time-and-Materials/Labor-Hour Proposal Requirements--Other Than
Commercial Acquisition With Adequate Price Competition (NOV 2021)
* * * * *
0
217. Amend section 52.216-30 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the provision; and
0
c. Removing from paragraph (d) the phrase ``commercial item at 2.101''
and adding `` ``commercial service'' at Federal Acquisition Regulation
2.101'' in its place.
The revisions read as follows:
52.216-30 Time-and-Materials/Labor-Hour Proposal Requirements--Other
Than Commercial Acquisition Without Adequate Price Competition.
* * * * *
Time-and-Materials/Labor-Hour Proposal Requirements--Other Than
Commercial Acquisition Without Adequate Price Competition (NOV 2021)
* * * * *
0
218. Amend section 52.216-31 by revising the section heading and the
heading and date of the provision to read as follows:
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--
Commercial Acquisition.
* * * * *
Time-and-Materials/Labor-Hour Proposal Requirements--Commercial
Acquisition (NOV 2021)
* * * * *
0
219. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b) the definition of ``Commercial item'';
0
c. Removing from the definition of ``Commercial plan'' the term
``commercial items'' and adding ``commercial products and commercial
services'' in its place;
0
d. Adding, in alphabetical order, the definitions ``Commercial
product'' and ``Commercial service'';
0
e. Removing from paragraph (g) the terms ``commercial items'' and
``commercial item'' and adding ``commercial products and commercial
services'' and ``commercial product or commercial service'' in their
places, respectively; and
0
f. In paragraph (j):
0
i. Removing the term ``52.212-5'' and adding in its place ``FAR 52.212-
5'';
0
ii. Removing the term ``Commercial Items'' wherever it appears and
adding in its place ``Commercial Products and Commercial Services'';
0
iii. Removing the term ``commercial item'' and adding in its place
``commercial product or commercial service''; and
0
iv. Removing the term ``52.244-6'' and adding ``FAR 52.244-6'' in its
place.
The additions and revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (NOV 2021)
* * * * *
(b) * * *
Commercial product means a product that satisfies the definition of
``commercial product'' in Federal Acquisition Regulation (FAR) 2.101.
Commercial service means a service that satisfies the definition of
``commercial service'' in FAR 2.101.
* * * * *
0
220. Amend section 52.222-50 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'':
0
i. Removing the word ``means'' in the introductory text; and
0
ii. Revising paragraph (1) introductory text and (1)(i).
The revisions read as follows:
52.222-50 Combating Trafficking in Persons.
* * * * *
Combating Trafficking in Persons (NOV 2021)
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item--(1) Means any
item of supply (including construction material) that is--
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
221. Amend section 52.222-54 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', revising paragraph (1)(i); and
0
c. Removing from paragraph (e)(1)(i) the term ``Commercial or
noncommercial services'' and adding ``Services'' in its place.
The revisions read as follows:
52.222-54 Employment Eligibility Verification.
* * * * *
Employment Eligibility Verification (NOV 2021)
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item--
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
222. Amend section 52.225-1 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', revising paragraph (1)(i).
The revisions read as follows:
52.225-1 Buy American--Supplies.
* * * * *
[[Page 61036]]
Buy American--Supplies (NOV 2021)
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item--(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
223. Amend section 52.225-3 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', revising paragraph (1)(i).
The revisions read as follows:
52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021)
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item--(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
224. Amend section 52.225-9 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', revising paragraph (1)(i); and
0
c. Removing from paragraph (b)(2) the term ``commercial item'' and
adding ``commercial product'' in its place.
The revisions read as follows:
52.225-9 Buy American--Construction Materials.
Buy American--Construction Materials (NOV 2021)
(a) * * *
Commercially available off-the-shelf (COTS) item--(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
0
225. Amend section 52.225-11 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', revising paragraph (1)(i); and
0
c. Removing from paragraph (b)(3) the term ``commercial item'' and
adding ``commercial product'' in its place.
The revisions read as follows:
52.225-11 Buy American--Construction Materials Under Trade
Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (NOV 2021)
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item--(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
226. Amend section 52.229-13 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the phrases ``in all subcontracts,'' and
``commercial items'' and adding ``in all subcontracts'' and
``commercial products or commercial services'' in their places,
respectively.
The revision reads as follows:
52.229-13 Taxes--Foreign Contracts in Afghanistan.
* * * * *
Taxes--Foreign Contracts in Afghanistan (NOV 2021)
* * * * *
0
227. Amend section 52.229-14 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the phrases ``in all subcontracts'' and
``commercial items'' and adding ``in all subcontracts'' and
``commercial products or commercial services'' in their places,
respectively.
The revision reads as follows:
52.229-14 Taxes--Foreign Contracts in Afghanistan (North Atlantic
Treaty Organization Status of Forces Agreement).
* * * * *
Taxes--Foreign Contracts in Afghanistan (North Atlantic Treaty
Organization Status of Forces Agreement) (NOV 2021)
* * * * *
0
228. Amend section 52.232-7 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(2) the phrase ``commercial item at
2.101'' and adding ``commercial product or commercial service in
Federal Acquisition Regulation (FAR) 2.101'' in its place; and
0
c. Removing from paragraph (b)(4) the phrase ``Subpart 31.2 of the
Federal Acquisition Regulation (FAR)'' and adding ``FAR subpart 31.2''
in its place.
The revision reads as follows:
52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
* * * * *
Payments under Time-and-Materials and Labor-Hour Contracts (NOV 2021)
* * * * *
0
229. Amend section 52.232-16 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (j)(5) introductory text the term
``commercial item'' and adding ``commercial product or commercial
service'' in its place; and
0
c. Removing from paragraph (j)(5)(i) the phrase ``commercial item
purchase that meets the definition and standards for acquisition of
commercial items in FAR Parts'' and adding ``commercial product or
commercial service purchase that meets the definition and standards for
acquisition of commercial products and commercial services in FAR
parts'' in its place.
The revision reads as follows:
52.232-16 Progress Payments.
* * * * *
Progress Payments (NOV 2021)
* * * * *
0
230. Amend section 52.232-29 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause;
0
c. Removing from paragraph (b) the phrase ``52.212-4, Contract Terms
and Conditions--Commercial Items'' and adding ``Federal Acquisition
Regulation (FAR) 52.212-4, Contract Terms and Conditions--Commercial
Products and Commercial Services'' in its place; and
0
d. Removing from paragraph (h) the term ``52.232-31'' and adding ``FAR
52.232-31'' in its place.
The revisions read as follows:
52.232-29 Terms for Financing of Purchases of Commercial Products and
Commercial Services.
* * * * *
Terms for Financing of Purchases of Commercial Products and Commercial
Services (NOV 2021)
* * * * *
0
231. Amend section 52.232-30 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause; and
0
c. Removing from paragraph (g) the phrase ``52.212-4, Contract Terms
and Conditions--Commercial Items'' and adding ``Federal Acquisition
Regulation 52.212-4, Contract Terms and Conditions--Commercial Products
and Commercial Services'' in its place.
The revisions read as follows:
52.232-30 Installment Payments for Commercial Products and Commercial
Services.
* * * * *
Installment Payments for Commercial Products and Commercial Services
(NOV 2021)
* * * * *
[[Page 61037]]
0
232. Amend section 52.232-31 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (a) the phrase ``Commercial Items, at
52.232-29'' and adding ``Commercial Products and Commercial Services,
at Federal Acquisition Regulation (FAR) 52.232-29'' in its place; and
0
c. Removing from paragraph (b) the phrase ``52.232-29, Terms for
Financing of Purchases of Commercial Items, the terms of the clause at
52.232-29 shall govern'' and adding ``FAR 52.232-29, Terms for
Financing of Purchases of Commercial Products and Commercial Services,
the terms of the clause at FAR 52.232-29 shall govern'' in its place.
The revision reads as follows:
52.232-31 Invitation To Propose Financing Terms.
* * * * *
Invitation To Propose Financing Terms (NOV 2021)
* * * * *
0
233. Amend section 52.232-40 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) the term ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revision reads as follows:
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors.
* * * * *
Providing Accelerated Payments to Small Business Subcontractors (NOV
2021)
* * * * *
0
234. Amend section 52.242-17 by revising the introductory text to read
as follows:
52.242-17 Government Delay of Work.
As prescribed in 42.1305(c), insert the following clause:
* * * * *
0
235. Amend section 52.244-6 by--
0
a. Revising the section heading;
0
b. Revising the heading and date of the clause;
0
c. Revising paragraph (a);
0
d. Removing from paragraph (b) the term ``commercial items'' and adding
``commercial products, commercial services,'' in its place;
0
e. Removing from the paragraph (c)(1) introductory text the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
f. Removing from paragraph (c)(1)(i) the date ``(Jun 2020)'' and adding
``(NOV 2021)'' in its place;
0
g. Removing from paragraph (c)(1)(iv) the date ``(JUN 2016)'' and
adding ``(NOV 2021)'' in its place;
0
h. Removing from paragraph (c)(1)(v) the date ``(JUL 2018)'' and adding
``(NOV 2021)'' in its place;
0
i. Removing from paragraph (c)(1)(vi) the date ``(AUG 2020)'' and
adding ``(NOV 2021)'' in its place;
0
j. Removing from paragraph (c)(1)(xiv)(A) the date ``(OCT 2020)'' and
adding ``(NOV 2021)'' in its place;
0
k. Removing from paragraph (c)(1)(xix) the date ``(DEC 2013)'' and
adding ``(NOV 2021)'' in its place;
0
l. Removing from paragraph (c)(1)(xx) the date ``(FEB 2006)'' and
adding ``(NOV 2021)'' in its place; and
0
m. Removing from paragraph (c)(2) the term ``commercial items'' and
adding ``commercial products or commercial services'' in its place.
The revisions read as follows:
52.244-6 Subcontracts for Commercial Products and Commercial
Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (NOV 2021)
(a) Definitions. As used in this clause--
Commercial product, commercial service, and commercially available
off-the-shelf item have the meanings contained in Federal Acquisition
Regulation (FAR) 2.101.
Subcontract includes a transfer of commercial products or
commercial services between divisions, subsidiaries, or affiliates of
the Contractor or subcontractor at any tier.
* * * * *
0
236. Amend section 52.246-26 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (g)(1)(i) the term ``FAR'' and adding
``Federal Acquisition Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (g)(2)(i) the words ``Commercial items'' and
adding ``Commercial products and commercial services'' in its place.
The revision reads as follows:
52.246-26 Reporting Nonconforming Items.
* * * * *
Reporting Nonconforming Items (NOV 2021)
* * * * *
0
237. Amend section 52.247-64 by--
0
a. Revising the date of clause;
0
b. Removing from paragraph (e)(4) introductory text the term
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
c. Revising the date of Alternate II;
0
d. Removing from paragraph (e)(4) introductory text of Alternate II the
term ``commercial items'' and adding ``commercial products or
commercial services'' in its place; and
0
e. Removing from paragraph (e)(4)(ii)(C) of Alternate II the term
``commercial items'' and adding ``commercial products'' in its place.
The revisions read as follows:
52.247-64 Preference for Privately Owned U.S.-Flag Commercial
Vessels.
* * * * *
Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)
* * * * *
Alternate II (NOV 2021)
* * * * *
PART 53--FORMS
53.212 [Amended]
0
238. Amend section 53.212 by--
0
a. Revising the section heading;
0
b. Removing the term ``(Rev.2/2012)'' and adding ``(Rev. NOV 2021)'' in
its place; and
0
c. Removing the terms ``Commercial Items'' and ``commercial items'' and
adding ``Commercial Products and Commercial Services'' and ``commercial
products and commercial services'' in their places, respectively.
The revision reads as follows:
53.212 Acquisition of commercial products and commercial services.
* * * * *
53.213 [Amended]
0
239. Amend section 53.213 by--
0
a. In paragraph (a):
0
i. Removing the date ``(Rev. 2/2012)'' and adding in its place ``(Rev.
NOV 2021)''; and
0
ii. Removing the words ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in their place; and
0
b. In paragraph (f):
0
i. Removing the date ``(Rev. 2/2012)'' and adding ``(Rev. NOV 2021)''
in its place; and
0
ii. Removing the words ``Commercial Items'' and adding ``Commercial
Products and Commercial Services'' in their place.
53.219 [Amended]
0
240. Amend section 53.219 by removing the date ``(Rev. OCT 2020)'' and
adding ``(Rev. NOV 2021)'' in its place.
[[Page 61038]]
53.232 [Amended]
0
241. Amend section 53.232 by removing the text ``(Jul 2009)'' and
adding ``(NOV 2021)'' in its place.
0
242. Amend section 53.300 in paragraph (a) by revising the entry for
``SF 1449'' to read as follows:
53.300 Listing of Standard, Optional, and Agency forms.
* * * * *
(a) * * *
Table 53-1--Forms in the GSA Forms Library
------------------------------------------------------------------------
Form No. Form title
------------------------------------------------------------------------
* * * * *
SF 1449........................... Solicitation/Contract/Order for
Commercial Products and Commercial
Services.
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-22144 Filed 11-3-21; 8:45 am]
BILLING CODE 6820-EP-P
