[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Proposed Rules]
[Pages 65610-65628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20142]
[[Page 65609]]
Vol. 85
Thursday,
No. 200
October 15, 2020
Part VI
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Parts 1, 2, 3, et al.
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Federal Acquisition Regulation: Revision of Definition of ``Commercial
Item''; Proposed Rule
Federal Register / Vol. 85 , No. 200 / Thursday, October 15, 2020 /
Proposed Rule
[[Page 65610]]
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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, 44,
46, 47, 49, 52, and 53
[FAR Case 2018-018; 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: Proposed rule.
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SUMMARY: DoD, GSA and NASA are proposing to amend the Federal
Acquisition Regulation 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: Interested parties should submit comments to the Regulatory
Secretariat Division at one of the addresses shown below on or before
December 14, 2020 to be considered in the formulation of a final rule.
ADDRESSES: Submit comments in response to FAR Case 2018-018 to https://www.regulations.gov. Submit comments via the Federal eRulemaking portal
by searching for ``FAR Case 2018-018''. Select the link ``Comment Now''
that corresponds with ``FAR Case 2018-018.'' Follow the instructions
provided at the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2018-018'' on your attached
document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR case 2018-
018'' in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or [email protected] for clarification
of content. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at 202-501-4755.
Please cite ``FAR Case 2018-018''.
SUPPLEMENTARY INFORMATION:
I. Background
The current Federal Acquisition Regulation (FAR) definition of
``commercial item'' in FAR part 2 was established by FAR case 94-790,
Acquisition of Commercial Items, published at 60 FR 48231 on September
18, 1995, which implemented the revised statutory authorities in Title
VIII of the Federal Acquisition Streamlining Act of 1994 (Pub. L. 103-
355).
DoD, GSA, and NASA are proposing 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). This section 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. Section 836 sets the effective date of the new definitions as
January 1, 2020.
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 via the internet at https://section809panel.org/wp-content/uploads/2018/04/Sec809Panel_Vol1-Report_Jan18_REVISED_2018-03-14.pdf.
This change 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, the amendment to separate ``commercial
item'' with ``commercial product'' and ``commercial service'' does not
expand or shrink the universe of products or services that the
Government may procure using FAR part 12, nor does it change the terms
and conditions vendors must comply with.
II. Discussion and Analysis
As required by section 836 of the NDAA for FY 2019, DoD, GSA, and
NASA are proposing to replace instances of commercial item(s) with
commercial product(s), commercial service(s), or both commercial
product(s) and commercial service(s). The following summarizes the
proposed changes 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'' from the NDAA with only the minor revisions for
clarification currently in the FAR definition of ``commercial item.''
The clarification in paragraph 3(ii) of the proposed 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 proposed
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 is an editorial change and will provide 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 applies 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.
[[Page 65611]]
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 Items. These forms are
managed by the FAR Council and were identified as containing the term
``commercial item.'' This rule proposes to replace each instance of the
term with ``commercial product'' or ``commercial service'' as
appropriate. 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.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule does not add any 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. It does not add any new burdens because the case does not
add or change any requirements with which vendors must comply.
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 rule 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. This rule is not a major
rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq. However, an Initial Regulatory Flexibility Analysis (IRFA) has
been performed and is summarized as follows:
DoD, GSA, and NASA are proposing to amend 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). 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.
The proposed 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 database. However,
DoD, GSA, and NASA do not expect this proposed rule to have a
significant economic impact on a substantial number of small
entities because the rule is not implementing any requirements with
which small entities must comply. This proposed rule splits the
definition of ``commercial item'' into the definitions of
``commercial product'' and ``commercial service.'' These revisions
do not impact terms and conditions of commercial contracts or how
the Government procures commercial products or commercial services;
it is merely editorial.
The proposed rule does not include additional, or change any
existing, reporting or record keeping requirements. The rule does
not duplicate, overlap, or conflict with any other Federal rules.
There are no available alternatives to the proposed rule to
accomplish the desired objective of the statute.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
consistent with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2018-018) in
correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply;
however, the proposed 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, Certification Of Independent Price
Determination, Contractor Code of Business Ethics and Conduct, and
Preventing 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, 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 are proposing to amend 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, 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, 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)
``commercial products and services;'' and adding
[[Page 65612]]
``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) ``commercial
products and services'' and adding ``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 ``commercial or
industrial product'' and adding ``commercial product or industrial
product'' in its place;
0
b. In the defined term ``Commercial component'' removing ``commercial
item'' and adding ``commercial product'' in its place;
0
c. In the defined term ``Commercial computer software'' removing
``commercial item'' and adding ``commercial product or commercial
service'' in its place.
0
d. Removing the defined term ``Commercial item'';
0
e. In the defined term ``Commercially available off-the-shelf (COTS)
item'' removing in 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; and
0
f. Adding the defined terms ``Commercial product'' and ``Commercial
service'' in alphabetical order to 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
paragraphs (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
paragraphs (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;
(3) A service referred to in paragraphs (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. Amend section 3.104-1 by removing from the defined term ``Contractor
bid or proposal information'' in paragraph (1) ``10 U.S.C. 2306a(h)''
and ``41 U.S.C. 3501(a)(2)'' and adding ``10 U.S.C. 2306a(h)(1)'' and
``41 U.S.C. 3501(a)(1)'' in their places, respectively.
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--
* * * * *
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) 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.
[[Page 65613]]
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 adding ``commercial product or commercial service'' in its
place.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
4.203 [Amended]
0
12. Amend section 4.203 by removing from paragraph (a) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
4.605 [Amended]
0
13. Amend section 4.605 by removing from paragraph (b) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
4.1103 [Amended]
0
14. Amend section 4.1103 by removing from paragraph (a)(3) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
4.1201 [Amended]
0
15. Amend section 4.1201 by removing from paragraph (d) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
4.1202 [Amended]
0
16. Amend section 4.1202 by removing from paragraph (a) ``commercial
item solicitations'' and adding ``solicitations for commercial products
or commercial services'' in its place.
4.1902 [Amended]
0
17. Amend section 4.1902 by removing from 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), (b), and (c)
``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 removing from paragraph (a)(2)(ii)
``commercial item'' and adding ``commercial product''; and removing
from paragraph (c)(3) ``brand-name commercial items'' and adding
``brand name commercial products'' in their places, respectively.
0
22. Amend section 6.502 by--
0
a. Revising paragraph (a);
0
b. Removing from paragraph (b)(1)(i) ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
c. Removing from paragraph (b)(1)(iv) ``commercial items or'' and
adding ``commercial products or commercial services, or restricting''
in its place;
0
d. Removing from paragraph (b)(2)(ii) ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
e. Removing from paragraphs (b)(2)(v) and (b)(2)(vi) ``commercial
items'' and adding ``commercial products, commercial services,'' in
their places, respectively.
The revised text 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; and
(4) Challenging barriers to the acquisition of commercial products
and commercial services; and 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) ``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) ``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)
``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) ``commercial supplies and services'' and
adding ``commercial supplies and commercial services'' in its place;
and
0
b. Removing from paragraph (f)(1) ``commercial items (part 12),'' 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) ``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 from the text ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
9.405-2 [Amended]
0
29. Amend section 9.405-2 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products'' in its place.
PART 10--MARKET RESEARCH
0
30. Amend section 10.001 by--
0
a. Removing from paragraph (a)(2)(v) ``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) ``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;
[[Page 65614]]
0
c. Removing from paragraph (a)(3)(iii) ``commercial items'' and adding
``commercial products'' in its place;
0
d. Removing from paragraph (a)(3)(iv) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
e. Revising paragraph (d) to read as follows:
10.001 Policy.
* * * * *
(d) In accordance with section 826 of Public Law 110-181, see
10.003 for the requirement for a prime contractor to perform market
research in contracts in excess of $5.5 million, other than contracts
for the acquisition of commercial products or commercial services.
10.002 [Amended]
0
31. Amend section 10.002 by--
0
a. Removing from paragraph (b) ``commercial items'' and adding
``commercial products, commercial services,'' in its place;
0
b. Removing from paragraph (b)(1) ``item'' and adding ``product or
service'' in its place;
0
c. Removing from paragraphs (b)(1)(i)(A), (B), and (C) ``Items'' and
adding ``Products or services'' in their places;
0
d. Removing from paragraph (b)(1)(ii) ``items'' and adding ``products
or services'' in its place;
0
e. Removing from paragraph (c) ``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) ``item or'' and ``commercial item''
and adding ``product or'' and ``commercial product or commercial
service'' in their places, respectively.
0
32. Amend section 10.003 by revising the text 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 $5.5 million, other than
solicitations and contracts for the acquisition of commercial products
or commercial services.
PART 11--DESCRIBING AGENCY NEEDS
11.002 [Amended]
0
33. Amend section 11.002 by--
0
a. Removing from paragraph (a)(2)(ii) ``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 paragraph (a)(2) (iii) and (a)(2)(iv) ``commercial
items'' and adding ``commercial products, commercial services,'' in
their places; and
0
c. Removing from paragraph (a)(2)(v) ``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
34. Amend section 11.302 by--
0
a. Removing from paragraph (b)(1) ``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) ``commercial items'' and ``the item''
and adding ``commercial products'' and ``the product'' in their places,
respectively; and
0
c. Removing from paragraph (c)(1) ``commercial items'' and adding
``commercial products'' in its place.
11.304 [Amended]
0
35. Amend section 11.304 by removing from the text ``commercial items''
and adding ``commercial products'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
36. Amend the part heading by removing ``COMMERCIAL ITEMS'' and adding
``COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES'' in its place.
12.000 [Amended]
0
37. Amend section 12.000 by--
0
a. In the first sentence removing ``commercial items'' and adding
``commercial products, including commercial components, and commercial
services'' in its place; and
0
b. In the second sentence removing ``commercial items'' and
``commercial items and components'' and adding ``commercial products
and commercial services'' (twice) in their places, respectively.
12.001 [Amended]
0
38. Amend section 12.001 by removing from the defined term
``Subcontract'' ``commercial items'' and adding ``commercial products
or commercial services'' in its place.
12.101 [Amended]
0
39. Amend section 12.101 by removing from paragraphs (a), (b), and (c)
``commercial items'' and adding ``commercial products, commercial
services,'' in their places.
12.102 [Amended]
0
40. Amend section 12.102 by--
0
a. Removing from paragraph (a) ``the definition of commercial items''
and adding ``the definitions of ``commercial product'' or ``commercial
service'''' in its place;
0
b. Removing from paragraph (c) ``commercial items'' (twice) and adding
``commercial products or commercial services'' in their places;
0
c. Removing from paragraph (d) ``commercial item'' and adding
``commercial product'' in its place;
0
d. Removing from paragraphs (e) and (f)(1) ``commercial items'' and
adding ``commercial products or commercial services'' in their places;
0
e. Removing from paragraph (f)(2) ``for an item'' and ``commercial
item'' (twice) and adding ``for a product'' and ``commercial product or
commercial service'' (twice) in their places, respectively; and
removing from paragraph (f)(2)(i) ``see Subpart 30.2'' and adding ``see
subpart 30.2'' in its place; and
0
f. Removing paragraph (g).
12.103 [Amended]
0
41. Amend section 12.103 by removing from the text ``commercial items''
and ``12.504);'' and adding ``commercial products'' and ``12.504).'' in
their places, respectively.
0
42. Amend the subpart heading of 12.2 by removing ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place.
12.201 [Amended]
0
43. Amend section 12.201 by removing ``commercial items'' (twice) and
adding ``commercial products and commercial services'' (twice) in their
places.
12.202 [Amended]
0
44. Amend section 12.202 by--
0
a. Removing from paragraph (a) ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
b. Removing from the first sentence of paragraph (b) ``commercial
items'' and ``products or services'' and adding ``commercial products
or commercial services'' and ``products or commercial services'' in
their places, respectively; and
0
c. Removing from the second sentence of paragraph (b) ``commercial
item'' and ``type of product or service'' and adding ``commercial
product or commercial service'' and ``type of commercial
[[Page 65615]]
product or commercial service'' in their places, respectively.
12.203 [Amended]
0
45. Amend section 12.203 by removing from the text ``commercial items''
(three times) and adding ``commercial products and commercial
services'' and ``commercial products or commercial services'' (twice)
in their places, respectively.
12.204 [Amended]
0
46. Amend section 12.204 by removing from paragraph (a) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
12.205 [Amended]
0
47. Amend section 12.205 by--
0
a. Removing from the first sentence of paragraph (a) ``product''; and
removing from the second sentence of paragraph (a) ``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. Removing from the first sentence of paragraph (b) ``more than one
product'' and ``commercial items'' and adding ``multiple offers'' and
``commercial products or commercial services'' in their places,
respectively; and removing from the second sentence of paragraph (b)
``product as a separate offer'' and adding ``offer separately'' in its
place; and
0
c. Removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.206 [Amended]
0
48. Amend section 12.206 by removing from the text ``commercial items''
and adding ``commercial products and commercial services'' in its
place.
12.207 [Amended]
0
49. Amend section 12.207 by removing from paragraphs (a) and (e)
``commercial items'' and adding ``commercial products or commercial
services'' in their places.
0
50. 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
51. Amend section 12.209 by removing from the text ``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
52. Amend section 12.210 by removing from the text ``commercial items''
and adding ``commercial products and commercial services'' in its
place.
12.211 [Amended]
0
53. Amend section 12.211 by removing from the text ``commercial item''
and ``commercial items'' (twice) and adding ``commercial product'' and
``commercial products'' (twice) in their places, respectively.
12.214 [Amended]
0
54. 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 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
55. Amend the subpart heading of 12.3 by removing ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place.
12.300 [Amended]
0
56. Amend section 12.300 by removing the text ``commercial items'' and
adding ``commercial products and commercial services'' in its place.
12.301 [Amended]
0
57. Amend section 12.301 by--
0
a. Removing from the heading ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
b. Removing from the introductory text of paragraph (a) and from
paragraph (a)(1) ``commercial items'' and adding ``commercial products
or commercial services'' in their places, respectively;
0
c. Removing from paragraph (b) ``commercial items'' (twice) and adding
``commercial products or commercial services'' in their places;
0
d. Removing from paragraphs (b)(1) and (2) ``Commercial Items'' and
``commercial items'' and adding ``Commercial Products and Commercial
Services'' and ``commercial products or commercial services'' in their
places; and removing from the third sentence of (b)(2) ``Subpart 1.4''
and adding ``subpart 1.4'' in its place;
0
e. Removing from paragraph (b)(3) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place;
0
f. Removing from paragraphs (b)(4) ``Commercial Items'', ``commercial
items'' (twice) and ``Part 15'' and adding ``Commercial Products and
Commercial Services'', ``commercial products or commercial services''
(twice) and ``part 15'' in their places, respectively;
0
g. Removing from paragraph (c)(1) ``Commercial Items'' and ``commercial
items'' and adding ``Commercial Products and Commercial Services'' and
``commercial products or commercial services'' in their places,
respectively;
0
h. Removing from paragraph (d) ``commercial items'' (twice) and adding
``commercial products or commercial services'' in their places,
respectively; and
0
i. Removing from paragraph (f) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.302 [Amended]
0
58. Amend section 12.302 by--
0
a. Removing from the heading ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
b. Removing from paragraph (a) ``commercial items'' (twice) and
``Commercial Items'' (twice) and adding ``commercial products and
commercial services'' (twice) and ``Commercial Products and Commercial
Services'' (twice) in their places, respectively;
0
c. Removing from paragraph (b) ``Commercial Items'' and ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' and
``Commercial Products and Commercial Services'' in their places,
respectively; and
0
d. Removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.303 [Amended]
0
59. Amend section 12.303 by--
0
a. Removing from the introductory text ``commercial items'' and adding
[[Page 65616]]
``commercial products or commercial services'' in its place;
0
b. Removing from paragraph (c)(1) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place;
0
c. Removing from paragraph (c)(3) ``and Executive Orders'' and adding
``or Executive Orders--Commercial Products and Commercial Services'' in
its place; and
0
d. Removing from paragraphs (e)(1), (e)(3), and (e)(4) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
their places, respectively.
0
60. Amend subpart 12.4 by removing from the heading ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
12.401 [Amended]
0
61. Amend section 12.401 by--
0
a. Removing from paragraph (a) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
b. Removing from paragraph (b) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.402 [Amended]
0
62. Amend 12.402 by--
0
a. Removing from paragraph (a) ``commercial item'' and ``commercial
items'' (twice) and adding ``commercial product or commercial service''
and ``commercial products or commercial services'' (twice) in their
places, respectively;
0
b. Removing from paragraph (b) ``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
63. Amend section 12.403 by removing from paragraphs (a), (b), and (d)
``commercial items'' (four times) and adding ``commercial products or
commercial services'' (four times) in their places, respectively.
12.404 [Amended]
0
64. Amend section 12.404 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products'' in its place.
0
65. Amend subpart 12.5 by removing from the heading ``Commercial
Items'' and adding ``Commercial Products, Commercial Services,'' in its
place.
12.500 [Amended]
0
66. Amend section 12.500 by--
0
a. Removing from paragraph (a)(1) and (a)(2) ``commercial items'' and
adding ``commercial products or commercial services'';
0
b. Removing from paragraph (a)(3) ``of COTS items'' and adding ``of
commercially available off-the-shelf (COTS) items'' in its place; and
0
c. Removing from paragraph (b) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
12.501 [Amended]
0
67. Amend section 12.501 by removing from paragraphs (a) and (b)
``commercial items'' and adding ``commercial products or commercial
services'' in their places, respectively.
12.502 [Amended]
0
68. Amend section 12.502 by--
0
a. Removing from paragraph (a) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
b. Removing from paragraph (b) ``commercial items or commercial
components,'', ``Commercial Items'' (twice) and ``commercial items or
commercial components'' and adding ``commercial products or commercial
services,'', ``Commercial Products and Commercial Services'' (twice)
and ``commercial products or commercial services'' in their places,
respectively.
12.503 [Amended]
0
69. Amend section 12.503 by--
0
a. Removing from the heading ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
b. Removing from paragraph (a) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
c. Removing from paragraphs (b) and (c) ``commercial items'' and adding
``commercial products and commercial services'' in their places,
respectively.
12.504 [Amended]
0
70. Amend section 12.504 by--
0
a. Removing from the heading ``commercial items'' and adding
``commercial products and commercial services'' in its place;
0
b. Removing from paragraph (a) ``commercial items or commercial
components'' and adding ``commercial products or commercial services''
in its place;
0
c. Removing from paragraph (b) ``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) ``commercial items or commercial
components'' and adding ``commercial products or commercial services''
in its place.
12.505 [Amended]
0
71. Amend section 12.505 by removing from the introductory text
``commercial items'' and adding ``commercial products'' in its place.
0
72. Amend subpart 12.6 by removing from the heading ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
0
73. 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
74. Amend section 12.602 by--
0
a. Removing from paragraph (a) ``Commercial Items'' and ``commercial
items'' and adding ``Commercial Products and Commercial Services'' and
``commercial products or commercial services'' in their places; and
0
b. Revising paragraph (b) to read 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),
[[Page 65617]]
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.
* * * * *
12.603 [Amended]
0
75. Amend section 12.603 by--
0
a. Removing from the heading ``commercial items'' and adding
``commercial products or commercial services'' in its place;
0
b. Removing from paragraph (a) ``commercial items'' and adding
``commercial products or commercial services'' in its place;
0
c. Removing from paragraph (c)(2)(i) ``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 paragraphs (c)(2)(viii), (c)(2)(ix), (c)(2)(x) and
(c)(2)(xi) ``Commercial Items'' and adding ``Commercial Products and
Commercial Services'' in their places, respectively; and
0
e. Removing from paragraph (c)(2)(xii) ``Or Executive Orders-Commercial
Items'' and adding ``or Executive Orders-Commercial Products and
Commercial Services'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.000 [Amended]
0
76. Amend section 13.000 by removing from the text ``and commercial
items'' and ``of commercial items'' (twice) and adding ``commercial
products, and commercial services'' and ``of commercial products and
commercial services'' (twice) in their places, respectively.
13.003 [Amended]
0
77. Amend section 13.003 by--
0
a. Removing from paragraph (c)(1)(ii) ``commercial items'' and
``Subpart 13.5'' and adding ``commercial products or commercial
services'' and ``subpart 13.5'' in their places, respectively;
0
b. Removing from paragraph (c)(2) ``commercial items'' and ``Subpart
13.5'' and adding ``commercial products and commercial services'' and
``subpart 13.5'' in their places, respectively;
0
c. Removing from paragraph (g)(1) ``threshold for'' and ``commercial
items'' and adding ``threshold when acquiring'' and ``commercial
products or commercial services'' in their places, respectively; and
0
d. Removing from paragraph (g)(2) ``commercial items'' and ``in Parts''
and adding ``commercial products or commercial services'' and ``in
parts'' in their places, respectively.
0
78. 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
79. Amend section 13.105 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products or commercial services,'' in
its place.
13.106-1 [Amended]
0
80. Amend section 13.106-1 by removing from paragraph (b)(2)
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
13.302-1 [Amended]
0
81. Amend section 13.302-1 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
13.302-4 [Amended]
0
82. 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
83. Amend section 13.302-5 by removing from paragraph (d)(1)
``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
84. Amend section 13.303-5 by removing from paragraph (b)(2)
``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
85. Amend section 13.303-8 by removing ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place.
13.307 [Amended]
0
86. Amend section 13.307 by--
0
a. Removing from paragraph (a) ``Commercial items'' and ``Commercial
Items'' and adding ``Commercial products and commercial services'' and
``Commercial Products and Commercial Services'' in their places,
respectively;
0
b. Removing from paragraph (b) ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
c. Removing from paragraph (c) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
0
87. Amend subpart 13.5 by removing from the heading ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
13.500 [Amended]
0
88. Amend section 13.500 by--
0
a. Removing from paragraph (a) ``commercial items'' and ``commercial
item acquisitions'' and adding ``commercial products or commercial
services'' and ``commercial acquisitions'' in their places,
respectively;
0
b. Removing from paragraph (b) ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
c. Removing from paragraphs (c)(1) and (2) ``commercial items'' and
adding ``commercial products or commercial services'' in their places,
respectively.
PART 14--SEALED BIDDING
14.201-1 [Amended]
0
89. Amend section 14.201-1 by removing from paragraph (c) ``(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.
[[Page 65618]]
PART 15--CONTRACTING BY NEGOTIATION
15.204-1 [Amended]
0
90. Amend section 15.204-1 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
15.209 [Amended]
0
91. Amend section 15.209 by removing from paragraph (b)(1)(iii)
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
0
92. 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;
* * * * *
15.401 [Amended]
0
93. Amend section 15.401 by removing from the defined term
``Subcontract'', ``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
94. Amend section 15.403-1 by--
0
a. Removing from paragraph (b)(3) ``commercial item'' and
``subsection'' and adding ``commercial product or commercial service''
and ``section'' in their places, respectively;
0
b. Removing from paragraph (b)(5) ``commercial items'' and
``subsection'' and adding ``commercial products or commercial
services'' and ``section'' in their places, respectively;
0
c. Revising the paragraph heading of paragraph (c)(3) and revising
paragraph (c)(3)(i);
0
d. Removing from paragraphs (c)(3)(ii)(A) and (B) ``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) ``commercial
item'' and adding ``commercial product'' in their places, respectively;
and
0
g. Removing from paragraph (c)(3)(iv) ``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 revised text reads 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
95. Amend section 15.403-3 by--
0
a. Removing from the heading of paragraph (c) ``Commercial items'' and
adding ``Commercial products and commercial services'' in its place;
0
b. Removing from paragraph (c)(1) ``commercial item'' and adding
``commercial product or commercial service'' in its place;
0
c. Removing from paragraph (c)(2) ``commercial items'' and ``commercial
items'' and adding ``commercial products or commercial services'' and
``commercial products or commercial services'' in their places,
respectively;
0
d. Removing from paragraph (c)(2)(ii) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
e. Removing from paragraph (c)(2)(iii) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
15.404-1 [Amended]
0
96. Amend section 15.404-1 by--
0
a. Removing from paragraph (a)(4) ``for commercial or non-commercial
items'';
0
b. Removing from paragraph (b) ``for commercial or non-commercial
items'';
0
c. Removing from the last sentence in paragraph (b)(1) ``item'';
0
d. Removing from paragraph (b)(2)(ii) introductory text ``commercial
items including those ``of a type'' or requiring minor modifications''
and adding ``commercial products or commercial services including those
``of a type'', or requiring minor modifications for commercial
products'' in its place;
0
e. Removing from paragraphs (b)(2)(ii)(C) and (e)(3) ``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 their
places, respectively; and
0
f. Removing from paragraph (f)(2) ``commercial items'' and adding
``commercial products'' in its place.
15.404-2 [Amended]
0
97. Amend section 15.404-2 by removing from paragraph (a)(2)(iii)(E)
``for an item'' and ``commercial item'' and adding ``for a product or
service'' and ``commercial product or commercial service'' in their
places, respectively.
15.407-2 [Amended]
0
98. Amend section 15.407-2 by removing from paragraph (e)(1)
``commercial items'' and adding ``commercial products, commercial
services'' in its place.
15.408 [Amended]
0
99. Amend section 15.408 by--
0
a. Removing from paragraph (f)(1)(v) ``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)
``commercial item'' and adding ``commercial product or commercial
service'' in their places, respectively;
0
c. Removing from the Table 15-2, ``I. General Instructions'' and ``II.
Cost Elements'' and adding ``I. General Instructions'' and ``II. Cost
Elements'' in their places, respectively;
0
d. Removing from the Table 15-2, in paragraph (II)(A)(2) in the second
sentence ``commercial items'' and adding ``commercial products or
commercial services'' in its place;
0
e. Removing from the Table 15-2, in paragraph (II)(A) (2) in the ninth
[[Page 65619]]
sentence ``commercial items'' and adding ``commercial products'' in its
place; and
0
f. Removing from the Table 15-2, ``III. Formats for Submission of Line
Item Summaries'' and adding ``III. Formats for Submission of Line Item
Summaries'' in its place.
15.506 [Amended]
0
100. Amend section 15.506 by removing from paragraph (d)(5)
``commercial items, the make and model of the item'' and adding
``commercial products, the make and model of the product'' in its
place.
15.601 [Amended]
0
101. Amend section 15.601 by revising the defined term ``Commercial
item offer'' to read ``Commercial product or service offer'', and
removing from that defined term ``commercial item'' and ``commercial
items'' and adding ``commercial product or commercial service'' and
``commercial products or commercial services'' in their places,
respectively.
15.603 [Amended]
0
102. Amend section 15.603 by removing from paragraph (b) ``commercial
item'' and adding ``commercial product or commercial service'' in its
place.
PART 16--TYPES OF CONTRACTS
0
103. Amend section 16.001 by adding in alphabetical order, the
definition ``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
104. Amend section 16.201 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
16.202-2 [Amended]
0
0
105. Amend section 16.202-2 by removing from the introductory text
``commercial items'' and adding ``commercial products or commercial
services'' in its place.
16.301-3 [Amended]
0
106. Amend section 16.301-3 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
16.307 [Amended]
0
107. Amend section 16.307 by removing from paragraph (a)(1)
``commercial item'' and adding ``commercial product or commercial
service'' in its place.
16.506 [Amended]
0
108. Amend section 16.506 by removing from paragraph (h) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
0
109. Amend section 16.601 by--
0
a. Removing from paragraph (c)(2)(ii) ``noncommercial items'' and
adding ``other than commercial products or commercial services'' in its
place;
0
b. Removing from paragraph (c)(2)(iv) ``the definition of commercial
items at 2.101'' and adding ``the definition of ``commercial service''
at 2.101'' in its place;
0
c. Removing from paragraph (d)(2) ``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 (f)(3).
The revised text reads 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
110. Amend section 18.201 by removing from paragraph (e) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
18.202 [Amended]
0
111. Amend section 18.202 by--
0
a. Removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
b. Removing from paragraph (d) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.304 [Amended]
0
112. Amend section 19.304 by removing from paragraph (b)
``Certifications-Commercial Items'' and adding ``Certifications-
Commercial Products and Commercial Services'' in its place.
19.403 [Amended]
0
113. Amend section 19.403 by removing from paragraph (a) ``Pub. L.''
and ``commercial items'' and adding ``Public Law'' and ``commercial
products or commercial services'' in their places, respectively.
19.701 [Amended]
0
114. Amend section 19.701 by removing from the defined term
``Commercial plan'' ``commercial items'' and adding ``commercial
products and performance of commercial services'' in its place.
19.704 [Amended]
0
115. Amend section 19.704 by removing from paragraph (d) ``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
116. Amend section 22.305 by removing from paragraph (b)
[[Page 65620]]
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
22.604-1 [Amended]
0
117. Amend section 22.604-1 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
22.1302 [Amended]
0
118. Amend section 22.1302 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products or commercial services,'' in
its place.
22.1310 [Amended]
0
119. Amend section 22.1310 by removing from paragraph (c) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
22.1505 [Amended]
0
120. Amend section 22.1505 by removing from paragraph (a) ``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
121. Amend section 22.1605 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products, commercial services,'' in its
place.
22.1801 [Amended]
0
122. Amend section 22.1801 by removing from the defined term
``Commercially available off-the-shelf (COTS) item'' in paragraph
(1)(i) ``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
123. Amend section 22.1802 by removing from paragraph (b)(4)(i)
``Commercial or noncommercial services'' and adding ``Services'' in its
place.
22.1803 [Amended]
0
124. Amend section 22.1803 by removing from paragraph (c)(2)
``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
125. Amend section 23.501 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
PART 25--FOREIGN ACQUISITION
25.103 [Amended]
0
126. Amend section 25.103 by removing from paragraph (e) ``commercial
item'', ``commercial item'' and ``Section'' and adding ``commercial
product'', ``commercial product'' and ``section'' in their places,
respectively.
0
25.202 [Amended]
0
127. Amend section 25.202 by removing from paragraph (a)(4)
``commercial item'', ``commercial item'' and ``Section'' and adding
``commercial product'', ``commercial product'', and ``section'' in
their places, respectively.
25.703-2 [Amended]
0
128. Amend section 25.703-2 by--
0
a. Removing from paragraph (b) ``of this subsection'' and adding ``of
this section'' in its place; and
0
b. Removing from paragraph (b)(1) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
25.1001 [Amended]
0
129. Amend section 25.1001 by removing from paragraph (a) ``Executive
Orders-Commercial Items'' and adding ``Executive Orders-Commercial
Products and Commercial Services'' in its place.
25.1101 [Amended]
0
130. Amend section 25.1101 by--
0
a. Removing from paragraph (a)(1)(i) ``Subpart'' and adding ``subpart''
in its place;
0
b. Removing from paragraph (a)(1)(ii) ``commercial item'' and adding
``commercial product'' in its place; and
0
c. Removing from paragraph (b)(1)(i)(B) ``commercial item'' and adding
``commercial product'' in its place.
0
131. 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
132. Amend section 26.206 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
PART 27--PATENTS, DATA, AND COPYRIGHTS
27.102 [Amended]
0
133. Amend section 27.102 by removing from paragraph (c) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
27.201-1 [Amended]
0
134. Amend section 27.201-1 by removing from paragraph (d) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place, and by removing ``FAR''.
27.201-2 [Amended]
0
135. Amend section 27.201-2 by--
0
a. Removing from paragraph (c)(1) ``commercial items'' and adding
``commercial products or the provision of commercial services'' in its
place; and
0
b. Removing from paragraph (c)(2)(i) ``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
136. Amend section 28.106-4 by removing from paragraph (b) ``Section'',
``Pub. L.'' (twice), ``Sections'', and ``commercial items as defined in
Subpart'' and adding ``section'', ``Public Law'' (twice), ``sections'',
``commercial products or commercial services as defined in subpart'' in
their places, respectively.
28.106-6 [Amended]
0
137. Amend section 28.106-6 by removing from paragraph (d) ``Pub. L.''
(twice), ``Sections'', and ``commercial items as defined in Subpart''
and adding ``Public Law'' (twice), ``sections'', and ``commercial
products or commercial services as defined in subpart'' in their
places, respectively.
[[Page 65621]]
PART 29--TAXES
29.402-3 [Amended]
0
138. Amend section 29.402-3 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.201-5 [Amended]
0
139. Amend section 30.201-5 by removing from the introductory text of
paragraph (b)(1) ``$15,000,000'' and removing from (b)(1)(i)
``commercial items'' and adding ``$15 million'' and ``commercial
products or commercial services'' in their places, respectively.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
31.205-26 [Amended]
0
140. Amend section 31.205-26 by removing from paragraph (f)
``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
141. Amend section 32.000 by removing from paragraph (g) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
32.002 [Amended]
0
142. Amend section 32.002 by--
0
a. Removing from paragraph (b) ``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) ``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) ``For Non-Commercial Items'' and
adding ``for Other Than Commercial Acquisitions'' in its place.
32.005 [Amended]
0
143. Amend section 32.005 by removing from paragraph (c) ``for Non-
Commercial Items'' and adding ``for Other Than Commercial
Acquisitions'' in its place.
0
144. Amend subpart 32.1 by removing from the heading ``Non-Commercial
Item Purchase Financing'' and adding ``Financing for Other Than a
Commercial Purchase'' in its place.
32.100 [Amended]
0
145. Amend section 32.100 by removing from the text ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
32.110 [Amended]
0
146. Amend section 32.110 by removing from paragraph (a) ``item''.
0
147. Amend section 32.112 by removing from the heading ``contracts for
noncommercial items'' and adding ``contracts other than for commercial
products and commercial services'' in its place.
32.112-2 [Amended]
0
148. Amend section 32.112-2 by removing from paragraph (a) ``Section'',
``Pub. L.'' (twice), ``Sections'' and ``contract for a noncommercial
item'' and adding ``section'', ``Public Law'' (twice), ``sections'',
and ``contract other than for a commercial product or commercial
service'' in their places, respectively.
0
149. Amend subpart 32.2 by removing from the heading ``Commercial
Item'' and adding ``Commercial Product and Commercial Service'' in its
place.
32.201 [Amended]
0
150. Amend section 32.201 by removing from the text ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
32.202-1 [Amended]
0
151. Amend section 32.202-1 by--
0
a. Removing from paragraph (a) ``commercial items'' and adding
``commercial products or commercial services'' in its place; and
0
b. Removing from paragraph (c) ``non-commercial'', and ``non-
commercial'' (twice) and adding ``other than commercial'', and ``other
than commercial'' (twice) in their places, respectively.
32.202-2 [Amended]
0
152. Amend section 32.202-2 by--
0
a. Removing from the heading ``commercial item'' and adding
``commercial product and commercial service'' in its place; and
0
b. Removing from the defined term ``Commercial advance payment''
``subsection'' and ``for Non-Commercial items'' and adding ``section''
and ``for Other Than Commercial Acquisitions'', in their places,
respectively.
32.202-4 [Amended]
0
153. Amend section 32.202-4 by removing from paragraph (a)(2)
``Commercial Items'' and adding ``Commercial Products and Commercial
Services'' in its place.
32.206 [Amended]
0
154. Amend section 32.206 by--
0
a. Removing from paragraph (a) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
b. Removing from paragraphs (b)(1)(v), (b)(2), and (c)(3)(ii)
``Commercial Items'' and adding ``Commercial Products and Commercial
Services'' in their places, respectively;
0
c. Removing from paragraph (f) ``non-commercial'' and adding ``other
than commercial'' in its place;
0
d. Removing from paragraph (g) ``commercial items'' and ``Commercial
Items'' and adding ``commercial products and commercial services'' and
``Commercial Products and Commercial Services'' in their places,
respectively; and
0
e. Removing from paragraph (g)(2) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place.
0
155. Amend subpart 32.4 by removing from the heading ``Non-Commercial
Items'' and adding ``Other Than Commercial Acquisitions'' in its place.
32.504 [Amended]
0
156. Amend section 32.504 by--
0
a. Removing from paragraph (a) ``item'';
0
b. Removing from paragraph (b) ``commercial item'' and adding
``commercial product or commercial service'' in its place; and
0
c. Removing from paragraph (g) ``commercial item'' and adding
``commercial product or commercial service'' in its place.
32.601 [Amended]
0
157. Amend section 32.601 by removing from paragraphs (b)(3) and
(b)(10) ``commercial item financing'' and adding ``financing of
commercial products or commercial services'' in their places,
respectively.
32.904 [Amended]
0
158. Amend section 32.904 by removing from paragraph (b)(1)(ii)(B)(4)
``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
159. Amend section 32.908 by--
0
a. Removing from paragraph (c) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
b. Removing from paragraph (c)(1) ``commercial item'' and ``commercial
[[Page 65622]]
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
160. Amend section 37.601 by removing paragraph (c).
PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING
38.101 [Amended]
0
161. Amend section 38.101 by removing from paragraph (a) ``commercial
supplies and services'' and adding ``commercial supplies and commercial
services'' in its place.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
39.203 [Amended]
0
162. Amend section 39.203 by removing from paragraph (c)(1)
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
39.204 [Amended]
0
163. Amend section 39.204 by removing from paragraph (e)(2)(ii)
``commercial items'' and ``service available'' and adding ``commercial
products and commercial services'' and ``services available'' in their
places, respectively.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.709-0 [Amended]
0
164. Amend section 42.709-0 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
42.709-6 [Amended]
0
165. Amend section 42.709-6 by removing from the text ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
42.1305 [Amended]
0
166. Amend section 42.1305 by removing from paragraph (c) ``modified-
commercial items'' (twice) and adding ``modified-commercial products''
(twice) in their places, respectively.
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
44.000 [Amended]
0
167. Amend section 44.000 by removing from paragraph (b) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place.
44.302 [Amended]
0
168. Amend section 44.302 by removing from paragraph (a) ``commercial
items'' and ``Part 12'' and adding ``commercial products and commercial
services'' and ``part 12'' in their places, respectively.
44.303 [Amended]
0
169. Amend section 44.303 by removing from the introductory text
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
0
170. Amend subpart 44.4 by removing from the heading ``Commercial Items
and Commercial Components'' and adding ``Commercial Products and
Commercial Services'' in its place.
44.400 [Amended]
0
171. Amend section 44.400 by removing from the text ``commercial items
or commercial components'' and adding ``commercial products, including
commercial components, or commercial services'' in its place.
44.402 [Amended]
0
172. Amend section 44.402 by--
0
a. Removing from paragraph (a)(1) ``commercial items'' and adding
``commercial products or commercial services,'' in its place;
0
b. Removing from paragraph (a)(2) and (a)(2)(i) ``commercial items or
commercial components'' and adding ``commercial products or commercial
services'' in their places, respectively;
0
c. Removing from paragraph (b) ``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
d. Removing from paragraph (c) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
44.403 [Amended]
0
173. Amend section 44.403 by removing from the text ``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
174. Amend section 46.102 by--
0
a. Removing from paragraph (b) ``services tendered'' and adding
``services (including commercial services tendered'' in its place; and
0
b. Removing from paragraph (f) ``commercial items shall'' and
``commercial item'' and adding ``commercial products'' and ``commercial
product'' in their places, respectively.
0
175. Amend section 46.202-1 by revising the section including the
section heading 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
176. Amend section 46.317 by removing from paragraph (b)(1)
``Commercial items'' and adding ``Commercial products and commercial
services'' in its place.
0
177. Amend section 46.706 by--
0
a. Removing from paragraph (b)(1)(iii) ``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
[[Page 65623]]
in warranty marking is acceptable if sufficient information is
presented for supply personnel and users to identify warranted
supplies.
* * * * *
46.709 [Amended]
0
178. Amend section 46.709 by removing from section heading and the
section ``commercial items'' and adding ``commercial products and
commercial services'' in their places, respectively.
46.710 [Amended]
0
179. Amend section 46.710 by removing from the introductory text
``commercial items'' and adding ``commercial products and commercial
services'' in its place.
46.801 [Amended]
0
180. Amend section 46.801 by removing from paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place.
PART 47--TRANSPORTATION
47.405 [Amended]
0
181. Amend section 47.405 by removing the quote marks from the first
sentence (twice), and by removing in the second sentence ``commercial
items'' and adding ``commercial products'' in its place.
47.504 [Amended]
0
182. Amend section 47.504 by removing from paragraph (d) ``commercial
items or commercial components'' and adding ``commercial products,
including commercial components, or commercial services'' in its place;
and removing from paragraph (d)(4) ``commercial items'' and adding
``commercial products'' in its place.
47.507 [Amended]
0
183. Amend section 47.507 by removing from paragraph (a)(3) ``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
184. Amend section 49.002 by removing from paragraph (a)(2)
``commercial item'', ``commercial items'' (twice), and ``Commercial
Items'' and adding ``commercial product and commercial service'',
``commercial products and commercial services'' (twice) and
``Commercial Products and Commercial Services'' in their places,
respectively.
49.501 [Amended]
0
185. Amend section 49.501 by removing from the text ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
186. Amend section 52.203-6 by revising the date of Alternate I and
removing from paragraph (b) of Alternate I ``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 revised text reads as follows:
52.203-6 Restrictions on Subcontractor Sales to the Government.
* * * * *
Alternate I (DATE). * * *
* * * * *
0
187. Amend section 52.203-13 by revising the date of the clause and
removing from paragraph (c) ``commercial item'' and adding ``commercial
product or commercial service'' in its place. The revised text reads as
follows:
52.203-13 Contractor Code of Business Ethics and Conduct.
* * * * *
Contractor Code of Business Ethics and Conduct (Date)
* * * * *
0
188. Amend section 52.203-14 by revising the date of the clause and
removing from paragraph (d)(1) ``commercial item'' and adding
``commercial product or commercial service'' in its place. The revised
text reads as follows:
52.203-14 Display of Hotline Poster(s).
* * * * *
Display of Hotline Poster(s) (Date)
* * * * *
0
189. Amend section 52.204-8 by revising the date of the provision and
removing from paragraph (c)(1)(xv) ``commercial items'' and adding
``commercial products or commercial services'' in its place. The
revised text reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Date)
* * * * *
0
190. Amend section 52.204-21 by revising the date of the clause and
removing from paragraph (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place. The
revised text reads as follows:
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems.
* * * * *
Basic Safeguarding of Covered Contractor Information Systems (Date)
* * * * *
0
191. Amend section 52.204-23 by revising the date of the clause and
removing from paragraph (d) ``commercial items'' and adding
``commercial products or commercial services'' in its place. The
revised text 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
(Date)
* * * * *
0
192. Amend section 52.204-24 by revising the date of the clause and
removing from the introductory paragraph ``Commercial Items'' and
adding ``Commercial Products and Commercial Services'' in its place.
The revised text 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 (Date)
* * * * *
0
193. Amend section 52.204-25 by revising the date of the clause and
removing from paragraph (e) ``commercial items'' and adding
``commercial products or commercial services'' in its place. The
revised text 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 (Date)
* * * * *
0
194. Amend section 52.209-6 by--
0
a. Revising the date of the clause;
[[Page 65624]]
0
b. Revising the defined term ``Commercially available off-the-shelf
(COTS)'' to read ``Commercially available off-the-shelf (COTS) item'',
and removing ``item, as used'' and adding ``, as used'' in its place;
0
c. Removing from paragraph (a)(1)(i) ``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) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revised text 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 (Date)
* * * * *
0
195. Amend section 52.209-13 by revising the date of the provision and
removing from paragraph (a) ``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 revised text reads as follows:
52.209-13 Violation of Arms Control Treaties or Agreements--
Certification.
* * * * *
Violation of Arms Control Treaties or Agreements--Certification (Date)
* * * * *
0
196. 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) ``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) ``commercial items'' and adding
``commercial products, commercial services,'' in its place.
The revised text reads as follows:
52.210-1 Market Research.
* * * * *
Market Research (Date)
(a) Definition. As used in this clause--
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
197. Amend section 52.212-1 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place;
0
b. Revising the date of the provision;
0
c. Removing from paragraph (b)(8) ``FAR 52.212-3'' and adding ``Federal
Acquisition Regulation (FAR) 52.212-3'' in its place;
0
d. Removing from paragraph (e) ``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) ``commercial items, the make and
model of the item'' and adding ``commercial products, the make and
model of the product'' in its place.
The revised text reads as follows:
52.212-1 Instructions to Offerors--Commercial Products and Commercial
Services.
* * * * *
Instructions to Offerors--Commercial products and Commercial Services
(Date)
* * * * *
0
198. Amend section 52.212-2 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places; and
0
b. Revising the date of the provision.
The revised text reads as follows:
52.212-2 Evaluation--Commercial Products and Commercial Services.
* * * * *
Evaluation--Commercial Products and Commercial Services (Date)
* * * * *
0
199. Amend section 52.212-3 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places;
0
b. Revising the date of the provision; and
0
c. Removing from paragraph (b)(2) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place.
The revised text reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Products and Commercial Services.
* * * * *
Offeror Representations and Certifications--Commercial Products and
Commercial Services (Date)
* * * * *
0
200. Amend section 52.212-4 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (d) ``FAR'' and adding ``Federal Acquisition
Regulation (FAR)'' in its place;
0
d. Removing from paragraph (i)(6)(vii) ``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 ``commercial item at'' and adding ``commercial product at
FAR'' in its place; and
0
g. Removing from paragraph (i)(6)(vii) of Alternate I ``32.608-2 of the
Federal Acquisition Regulation'' and adding ``FAR 32.608-2'' in its
place;
The revised text reads as follows:
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services.
* * * * *
Contract Terms and Conditions--Commercial Products and Commercial
Services (Date)
* * * * *
Alternate I (Date). * * *
* * * * *
0
201. Amend section 52.212-5 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place;
0
b. Revising the date of the clause;
0
c. Removing from the introductory text of paragraph (a) ``commercial
items'' and adding ``commercial products and commercial services'' in
its place;
0
d. Removing from paragraph (a)(2) ``(JUL 2018)'' and adding ``(Date)''
in its place;
0
e. Removing from paragraph (a)(3) ``(AUG 2020)'' and adding ``(Date)''
in its place;
0
f. Removing from the introductory text of paragraph (b) ``commercial
items'' and ``[Contracting Officer check as
[[Page 65625]]
appropriate.]'' and adding ``commercial products and commercial
services'' and ``[Contracting Officer check as appropriate.]'' in their
places, respectively;
0
g. Removing from paragraph (b)(1) ``(OCT 1995)'' and adding ``(Date)''
in its place;
0
h. Removing from paragraph (b)(2) ``(JUN 2020)'' and adding ``(Date)''
in its place;
0
i. Removing from paragraph (b)(8) ``(JUN 2020)'' and adding ``(Date)''
in its place;
0
j. Removing from paragraph (b)(17)(i) ``(JUN 2020)'' and adding
``(Date)'' in its place;
0
k. Removing from paragraph (b)(35)(i) ``(JAN 2019)'' and adding
``(Date)'' in its place;
0
l. Removing from paragraph (b)(36) ``(OCT 2015)'' and ``commercial
items'' and adding ``(Date)'' and ``commercial services'' in their
places, respectively;
0
m. Removing from paragraph (b)(48) ``(MAY 2014)'' and adding ``(Date)''
in its place;
0
n. Removing from paragraph (b)(49)(i) ``(MAY 2014)'' and adding
``(Date)'' in its place;
0
o. Removing from paragraph (b)(56) ``Commercial Items'' and ``(FEB
2002)'' and adding ``Commercial Products and Commercial Services'' and
``(Date)'' in their places, respectively;
0
p. Removing from paragraph (b)(57) ``Commercial Items'' and ``(JAN
2017)'' and adding ``Commercial Products and Commercial Services'' and
``(Date)'' in their places, respectively;
0
q. Removing from paragraph (b)(63)(i) ``(FEB 2006)'' and adding
``(Date)'' in its place;
0
r. Removing from paragraph (b)(63)(iii) ``(FEB 2006)'' and adding
``(Date)'' in its place;
0
s. Removing from the introductory text of paragraph (c) ``commercial
items'' and ``[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 the introductory text of paragraph(e)(1) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place;
0
u. Removing from paragraph (e)(1)(i) ``(JUN 2020)'' and adding
``(Date)'' in its place;
0
v. Removing from paragraph (e)(1)(iii) ``(JUL 2018)'' and adding
``(Date)'' in its place;
0
w. Removing from paragraph (e)(1)(iv) ``(AUG 2020)'' and adding
``(Date)'' in its place;
0
x. Removing from paragraph (e)(1)(xiii)(A) ``(JAN 2019)'' and adding
``(Date)'' in its place;
0
y. Removing from paragraph (e)(1)(xvi) ``(OCT 2015)'' and adding
``(Date)'' in its place;
0
z. Removing from paragraph (e)(1)(xxii) ``(FEB 2006)'' and adding
``(Date)'' in its place;
0
aa. Removing from paragraph (e)(2) ``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 ``commercial items'' and adding ``commercial products or
commercial services'' in its place;
0
dd. Removing from paragraph (e)(1)(ii)(A) of Alternate II ``(JUN
2020)'' and adding ``(Date)'' in its place;
0
ee. Removing from paragraph (e)(1)(ii)(C) of Alternate II ``(JUL
2018)'' and adding ``(Date)'' in its place;
0
ff. Removing from paragraph (e)(1)(ii)(D) of Alternate II ``(AUG
2020)'' and adding ``(Date)'' in its place;
0
gg. Removing from paragraph (e)(1)(ii)(L)(1) of Alternate II ``(JAN
2019)'' and adding ``(Date)'' in its place;
0
hh. Removing from paragraph (e)(1)(ii)(O) of Alternate II ``(OCT
2015)'' and adding ``(Date)'' in its place; and
0
ii. Removing from paragraph (e)(1)(ii)(U) of Alternate II ``(FEB
2006)'' and adding ``(Date)'' in its place.
The revised text reads 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 (Date)
* * * * *
Alternate II (Date) * * *
* * * * *
0
202. Amend section 52.213-4 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (a)(1)(ii) ``(JUL 2018)'' and adding
``(Date)'';
0
d. Removing from paragraph (a)(1)(iii) ``(AUG 2020)'' and adding
``(Date)'';
0
e. Removing from paragraph (a)(2)(vi) ``(DEC 2013)'' and adding
``(Date)'';
0
f. Removing from paragraph (a)(2)(viii) ``Commercial Items'' and ``(AUG
2020)'' and adding ``Commercial Products and Commercial Services'' and
``(Date)'' in their places, respectively;
0
g. Removing from paragraph (b)(1)(viii)(A) ``(JAN 2019)'' and adding
``(Date)'';
0
h. Removing from paragraph (b)(1)(xvii) ``(MAY 2014)'' and adding
``(Date)'';
0
i. Removing from paragraph (b)(1)(xxi) ``(FEB 2006)'' and adding
``(Date)'';
0
j. Removing from paragraph (b)(2)(i) ``(JUN 2016)'' and adding
``(Date)''; and
0
k. Removing from paragraph (b)(2)(ii) ``(JUN 2020)'' and adding
``(Date)''.
The revised text reads 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) (Date)
* * * * *
0
203. Amend section 52.215-1 by--
0
a. Revising the 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 revised text reads as follows:
52.215-1 Instructions to Offerors--Competitive Acquisition.
* * * * *
Instructions to Offerors--Competitive Acquisition (Date)
* * * * *
0
204. Amend section 52.215-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c) ``commercial items'', and adding
``commercial products and commercial services'' in its place.
The revised text reads as follows:
52.215-14 Integrity of Unit Prices.
* * * * *
Integrity of Unit Prices (Date)
* * * * *
0
205. Amend section 52.215-20 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (a)(1)(ii) ``Commercial item'' and
``commercial item'' and adding ``Commercial product and commercial
service'' and ``commercial product and commercial service'' in their
places, respectively.
The revised text reads as follows:
52.215-20 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data.
* * * * *
[[Page 65626]]
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data (Date)
* * * * *
0
206. 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)
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
c. Removing from paragraph (a)(1)(ii)(A)(1) ``commercial item'' and
adding ``commercial product or commercial service'' in its place;
0
d. Removing from paragraph (a)(1)(ii)(A)(2) ``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 (a)(1)(ii)(B); and
0
f. Removing from paragraph (a)(1)(ii)(B) ``commercial item'' and adding
``commercial product and commercial service'' in its place.
The revised text 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 (Date)
* * * * *
0
207. Amend section 52.216-2 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``commercial item'' and adding
``commercial product'' in its place.
The revised text reads as follows:
52.216-2 Economic Price Adjustment--Standard Supplies.
* * * * *
Economic Price Adjustment--Standard Supplies (Date)
* * * * *
0
208. Amend section 52.216-3 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``commercial item'' and adding
``commercial product'' in its place.
The revised text reads as follows:
52.216-3 Economic Price Adjustment--Semistandard Supplies.
* * * * *
Economic Price Adjustment--Semistandard Supplies (Date)
* * * * *
0
209. Amend section 52.216-29 by--
0
a. Removing from the section and clause headings ``Non-Commercial
Item'' and adding ``Other Than Commercial'' in their places; and
0
b. Revising the date of the provision.
The revised text reads 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 (Date)
* * * * *
0
210. Amend section 52.216-30 by--
0
a. Removing from the section and clause headings ``Non-Commercial
Item'' and adding ``Other Than Commercial'' in their places;
0
b. Revising the date of the provision; and
0
c. Removing from paragraph (d) ``commercial item at 2.101'' and adding
`` ``commercial service'' at Federal Acquisition Regulation 2.101'' in
its place.
The revised text reads 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 (Date)
* * * * *
0
211. Amend section 52.216-31 by--
0
a. Removing from the section and clause headings ``Commercial Item
Acquisition'' and adding ``Commercial Acquisition'' in its place; and
0
b. Revising the date of the provision.
The revised text reads as follows:
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--
Commercial Acquisition.
* * * * *
Time-and-Materials/Labor-Hour Proposal Requirements--Commercial
Acquisition (Date)
* * * * *
0
212. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b) the defined term ``Commercial item'';
0
c. Removing from the defined term ``Commercial plan'' ``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) ``commercial items'' and ``commercial
item'' and adding ``commercial products and commercial services'' and
``commercial product or commercial service'' in their places; and
0
f. Removing from paragraph (j) ``52.212-5'', ``Commercial Items''
(twice), ``commercial item'', and ``52.244-6'' and adding ``FAR 52.212-
5'', ``Commercial Products and Commercial Services'' (twice),
``commercial product or commercial service'', and ``FAR 52.244-6'' in
their places, respectively.
The added and revised text reads as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (Date)
* * * * *
(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
213. Amend section 52.222-50 by--
0
a. Revising the date of the clause; and
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), removing ``means'' in the introductory
paragraph, and revising paragraph (1)(i).
The revised text reads as follows:
52.222-50 Combating Trafficking in Persons.
* * * * *
Combating Trafficking in Persons (Date)
* * * * *
(a) * * *
(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
214. Amend section 52.222-54 by--
0
a. Revising the date of the clause;
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), revising paragraph (1)(i); and
0
c. Removing from paragraph (e)(1)(i) ``Commercial or noncommercial
[[Page 65627]]
services'' and adding ``Services'' in its place.
The revised text reads as follows:
52.222-54 Employment Eligibility Verification.
* * * * *
Employment Eligibility Verification (Date)
* * * * *
(a) * * *
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
215. Amend section 52.225-1 by--
0
a. Revising the date of the clause; and
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), revising paragraph (1)(i).
The revised text reads as follows:
52.225-1 Buy American--Supplies.
* * * * *
Buy American--Supplies (Date)
* * * * *
(a) * * *
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
216. Amend section 52.225-3 by--
0
a. Revising the date of the clause; and
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), revising paragraph (1)(i).
The revised text reads as follows:
52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act (Date)
* * * * *
(a) * * *
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
217. Amend section 52.225-9 by--
0
a. Revising the date of the clause;
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), revising paragraph (1)(i); and
0
c. Removing from paragraph (b)(2) ``commercial item'' and adding
``commercial product'' in its place.
The revised text reads as follows:
52.225-9 Buy American--Construction Materials.
* * * * *
Buy American--Construction Materials (Date)
* * * * *
(a) * * *
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
218. Amend section 52.225-11 by--
0
a. Revising the date of the clause;
0
b. In the defined term ``Commercially available off-the-shelf (COTS)
item'' in paragraph (a), revising paragraph (1)(i); and
0
c. Removing from paragraph (b)(3) ``commercial item'' and adding
``commercial product'' in its place.
The revised text reads as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (Date)
* * * * *
(a) * * *
(1) * * *
(i) A commercial product (as defined in paragraph (1) of the
definition of ``commercial product'' at Federal Acquisition Regulation
(FAR) 2.101;
* * * * *
0
219. Amend section 52.232-7 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(2) ``commercial item at 2.101'' and
adding ``commercial product or commercial service in Federal
Acquisition Regulation (FAR) 2.101'' in its place.
The revised text reads as follows:
52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts.
* * * * *
Payments Under Time-and-Materials and Labor-Hour Contracts (Date)
* * * * *
0
220. Amend section 52.232-16 by--
0
a. Revising the date of the clause;
0
b. Removing from the introductory text of paragraph (j)(5) ``commercial
item'' and adding ``commercial product or commercial service'' in its
place; and
0
c. Removing from paragraph (j)(5)(i) ``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 revised text reads as follows:
52.232-16 Progress Payments.
* * * * *
Progress Payments (Date)
* * * * *
0
221. Amend section 52.232-29 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places;
0
b. Revising the date of the clause; and
0
c. Removing from paragraph (b) ``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) ``52.232-31'' and adding ``FAR 52.232-
31'' in its place.
The revised text reads 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 (Date)
* * * * *
0
222. Amend section 52.232-30 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in their
places;
0
b. Revising the date of the clause; and
0
c. Removing from paragraph (g) ``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 revised text reads as follows:
52.232-30 Installment Payments for Commercial Products and Commercial
Services.
* * * * *
Installment Payments for Commercial Products and Commercial Services
(Date)
* * * * *
0
223. Amend section 52.232-31 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (a) ``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) ``52.232-29, Terms for Financing of
[[Page 65628]]
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 revised text reads as follows:
52.232-31 Invitation To Propose Financing Terms.
* * * * *
Invitation To Propose Financing Terms (Date)
* * * * *
0
224. Amend section 52.232-40 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraphs (c) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revised text reads as follows:
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors.
* * * * *
Providing Accelerated Payments to Small Business Subcontractors (Date)
* * * * *
0
225. Amend section 52.242-17 by revising the introductory text. The
revised text reads as follows:
52.242-17 Government Delay of Work.
As prescribed in 42.1305(c), insert the following clause:
* * * * *
0
226. Amend section 52.244-6 by--
0
a. Removing from the section and clause headings ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place;
0
b. Revising the date of the clause;
0
c. In paragraph (a), in the defined terms ``Commercial item'' and
``commercially available off-the-shelf item'' removing ``Commercial
item'' and adding ``Commercial product,'' and ``commercial service,''
in its place;
0
d. Removing from the defined term ``Subcontract'' in paragraph (a)
``commercial items'' and adding ``commercial products or commercial
services'' in its place;
0
e. Removing from paragraph (b) ``commercial items'' and adding
``commercial products, commercial services,'' in its place;
0
f. Removing from the introductory text of paragraph (c)(1) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place;
0
g. Removing from paragraph (c)(1)(i) ``(Jun 2020)'' and adding
``(Date)'' in its place;
0
h. Removing from paragraph (c)(1)(iv) ``(JUN 2016)'' and adding
``(Date)'' in its place;
0
i. Removing from paragraph (c)(1)(v) ``(JUL 2018)'' and adding
``(Date)'' in its place;
0
j. Removing from paragraph (c)(1)(vi) ``(AUG 2020)'' and adding
``(Date)'' in its place;
0
k. Removing from paragraph (c)(1)(xiv)(A) ``(JAN 2019)'' and adding
``(Date)'' in its place;
0
l. Removing from paragraph (c)(1)(xix) ``(DEC 2013)'' and adding
``(Date)'' in its place;
0
m. Removing from paragraph (c)(1)(xx) ``(FEB 2006)'' and adding
``(Date)'' in its place;
0
n. Removing from paragraph (c)(2) ``commercial items'' and adding
``commercial products or commercial services'' in its place.
The revised text reads as follows:
52.244-6 Subcontracts for Commercial Products and Commercial Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (Date)
* * * * *
0
227. Amend section 52.246-26 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (g)(1)(i) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (g)(2)(i) ``Commercial items'' and adding
``Commercial products and commercial services'' in its place. The
revised text reads as follows:
52.246-26 Reporting Nonconforming Items.
* * * * *
Reporting Nonconforming Items (Date)
* * * * *
0
228. Amend section 52.247-64 by--
0
a. Revising the date of clause;
0
b. Removing from the introductory text of paragraph (e)(4) ``commercial
items'' and adding ``commercial products or commercial services'' in
its place;
0
c. Revising the date of Alternate II;
0
d. Removing from the introductory text of paragraph (e)(4) of Alternate
II ``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 ``commercial
items'' and adding ``commercial products'' in its place.
The revised text reads as follows:
52.247-64 Preference for Privately Owned U.S.-Flag Commercial
Vessels.
* * * * *
Preference for Privately Owned U.S.-Flag Commercial Vessels (Date)
* * * * *
Alternate II (Date)
* * * * *
PART 53--FORMS
53.212 [Amended]
0
229. Amend section 53.212 by--
0
a. Removing from the section heading ``commercial items'' and adding
``commercial products and commercial services'' in its place; and
0
b. Removing from the paragraph (``Rev.2/2012)'', ``Commercial Items''
and ``commercial items'' and adding ``(Rev. Date)'', ``Commercial
Products and Commercial Services'' and ``commercial products and
commercial services'' in their places, respectively.
53.213 [Amended]
0
230. Amend section 53.213 by--
0
a. Removing from paragraph (a) ``(Rev. 2/2012)'' and ``Commercial
Items'' and adding ``(Rev. Date)'' and ``Commercial Products and
Commercial Services'' in their places, respectively; and
0
b. Removing from paragraph (f) ``(Rev. 2/2012)'' and ``Commercial
Items'' and adding ``(Rev. Date)'' and ``Commercial Products and
Commercial Services'' in their places, respectively.
53.219 [Amended]
0
231. Amend section 53.219 by removing from the text ``(Rev. 8/2016)''
and adding ``(Rev. Date)'' in its place.
53.232 [Amended]
0
232. Amend section 53.232 by removing from the text ``(Jul 2009)'' and
adding ``(Date)'' in its place.
53.300 [Amended]
0
233. Amend section 53.300 by removing from the Table 53-1 in paragraph
(a) ``SF 1449 Solicitation/Contract/Order for Commercial Items'' and
adding ``SF 1449 Solicitation/Contract/Order for Commercial Products
and Commercial Services'' in its place.
[FR Doc. 2020-20142 Filed 10-14-20; 8:45 am]
BILLING CODE 6820-EP-P