DATE: October 27, 2003
SUBJECT: Federal Acquisition Regulation (FAR); Subcontracts for Commercial Items and Commercial Components
SOURCE: Federal Register, October 27, 2003, Vol. 68, No. 207, page 61301
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
ACTION: Proposed Rule
SYNOPSIS: It is proposed that FAR 52.244-6, Subcontracts for Commercial Items and Commercial Components, be required in solicitations and contracts other than those for commercial items.
DATES: Comments should be submitted on or before December 26, 2003.
ADDRESSES: Submit written comments on the proposed rule to General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Laurie Duarte, Washington, DC 20405. Submit e-mail comments to: email@example.com. Cite "FAR case 2002-021" when referring to this proposed rule.
FOR FURTHER INFORMATION CONTACT: Rhonda Cundiff, 202-501-0044.
SUPPLEMENTAL INFORMATION: FAR Subpart 44.4, Subcontracts for Commercial Items and Commercial Components, prescribes the policies limiting the contract clauses a prime contractor my be required to apply to any subcontractors that are furnishing commercial items or commercial components. FAR 44.403, Contract Clause, requires that FAR 52.244-6 be included "in solicitations and contracts for supplies or services other than commercial items." It is not clear whether this includes solicitations and contracts for construction. Therefore, this proposed rule would amend FAR 44.403 to revise the prescription to read "in solicitations and contracts other than those for commercial items." This change would clearly include construction contracts.
Also, the definition of "commercial item" in paragraph (a) of FAR 52.244-6, which currently reads "'Commercial item' has the meaning contained in the clause at [FAR] 52.202-1, Definitions," would be revised to read "'Commercial item' has the meaning contained in the clause at 52.202-1, Definitions, and includes commercial construction materials but does not include construction itself." This would clarify that, within the context of FAR 52.244-6, a commercial item would include commercial construction materials but would not include construction itself.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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