[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR44]



[Page 827-828]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 44_SUBCONTRACTING POLICIES AND PROCEDURES--Table of Contents

 

Subpart 44.4_Subcontracts for Commercial Items and Commercial Components

 

44.402  Policy requirements.



    (a) Contractors and subcontractors at all tiers shall, to the 

maximum extent practicable:

    (1) Be required to incorporate commercial items or nondevelopmental 

items as components of items delivered to the Government; and

    (2) Not be required to apply to any of its divisions, subsidiaries, 

affiliates, subcontractors or suppliers that are furnishing commercial 

items or commercial components any clause, except those--

    (i) Required to implement provisions of law or executive orders 

applicable to



[[Page 828]]



subcontractors furnishing commercial items or commercial components; or

    (ii) Determined to be consistent with customary commercial practice 

for the item being acquired.

    (b) The clause at 52.244-6, Subcontracts for Commercial Items and 

Commercial Components, implements the policy in paragraph (a) of this 

section. Notwithstanding any other clause in the prime contract, only 

those clauses identified in the clause at 52.244-6 are required to be in 

subcontracts for commercial items or commercial components.

    (c) Agencies may supplement the clause at 52.244-6 only as necessary 

to reflect agency unique statutes applicable to the acquisition of 

commercial items.