15820 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 205, 207, 208, 

211, 212, 213, 215, 216, 217, 219, 222, 

223, 225, 226, 227, 232, 234, 237, 239, 

242, 243, 244, 245, 246, 247, and 252 

[Docket DARS–2022–0004] 

RIN 0750–AK31 

Defense Federal Acquisition 

Regulation Supplement: Revision of 

Definition of ‘‘Commercial Item’’ 

(DFARS Case 2018–D066) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement the revised definition of 

‘‘commercial item’’ in accordance with 

two sections of the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before May 

17, 2022, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2018–D066, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2018–D066.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2018–D066’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2018–D066 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal 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. 

Jeanette Snyder, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 836 and section 

837(b) of the John S. McCain National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2019 (Pub. L. 115–232). 

Section 836 modified 41 U.S.C. 103 by 

bifurcating the definition of 

‘‘commercial item’’ into ‘‘commercial 

product’’ and ‘‘commercial service’’ at 

41 U.S.C. 103 and 41 U.S.C. 103a, 

respectively, and made conforming 

changes to other sections in Title 41. In 

addition, section 836 made conforming 

changes to several sections in Title 10, 

including 10 U.S.C. 2302 and 2375. 

Section 837(b) implements this revision 

at 10 U.S.C. 2533a and 2533b. This rule 

proposes to align the DFARS with the 

revised definition of ‘‘commercial 

item’’. 

These statutory changes implement a 

recommendation made by the Advisory 

Panel on Streamlining and Codifying 

Acquisition Regulations (Section 809 

Panel), an independent commission 

Congress chartered to streamline the 

Defense Acquisition System. See the 

recommendation on pages 29–30 of 

Volume 1 of 3 dated January 2018 of the 

Report of the Advisory Plan on 

Streamlining and Codifying Acquisition 

Regulations at https://section809panel.

org/wp-content/uploads/2018/04/ 

Sec809Panel_Vol1-Report_Jan18_

REVISED_2018-03-14.pdf. The new 

definitions were effective January 1, 

2020. 

II. Discussion and Analysis 

DoD is proposing to amend the 

DFARS to replace all instances of 

‘‘commercial item(s)’’ with ‘‘commercial 

product(s)’’, ‘‘commercial service(s)’’, or 

‘‘commercial product(s) and/or 

commercial service(s)’’, as appropriate 

within the context of the DFARS text, 

and to conform with the final rule for 

Federal Acquisition Regulation (FAR) 

Case 2018–018, published at 86 FR 

61017 on November 4, 2021. 

The following summarizes the 

proposed changes to the DFARS: 

1. Replace all instances of 

‘‘commercial item(s)’’ with ‘‘commercial 

product(s)’’ and/or ‘‘commercial 

service(s)’’, as appropriate within the 

context of the DFARS text. 

2. Replace all instances of ‘‘noncommercial item’’ and ‘‘noncommercial 

item’’ with ‘‘other than commercial 

product and/or commercial service’’, as 

appropriate within the context of the 

DFARS text. 

3. Several subpart headings are 

updated to accommodate the revised 

nomenclature: DFARS subparts 212.1, 

212.2, 212.3, 212.5, 212.6, 212.70, 213.5, 

232.1, 232.2, 232.4, 234.70, and 244.4. 

4. Other minor editorial changes are 

made to conform to DFARS drafting 

conventions, such as revising references 

to ‘‘task and delivery orders’’ to read 

‘‘task orders and delivery orders’’. 

III. Applicability to Contract at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products Including Commercially 

Available Off-the-Shelf (COTS) Items, 

and for Commercial Services 

This rule does not create any new 

solicitation provisions or contract 

clauses. It does not impact any existing 

solicitation provisions, contract clauses, 

or prescriptions for provisions or 

clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold, for 

commercial products including COTS 

items, or for commercial services. 

IV. Expected Impact of the Rule 

This proposed rule does not create 

new requirements or modify any 

existing requirements. This rule merely 

proposes to replace the term 

‘‘commercial item’’ with ‘‘commercial 

product,’’ ‘‘commercial service,’’ 

‘‘commercial product or commercial 

service,’’ or ‘‘commercial product and 

commercial service.’’ In addition, the 

proposed rule replaces all instances of 

‘‘noncommercial item’’ and ‘‘noncommercial item’’ with ‘‘other than 

commercial product and/or commercial 

service’’ as appropriate within the 

context of DFARS text, including 

existing solicitation provisions or 

contract clauses, as appropriate. These 

revisions do not modify commercial 

acquisition procedures, nor do they 

modify Government or industry 

operations; therefore, the proposed rule 

does not add any new burdens. This 

proposed rule is expected to resolve the 

issue the Section 809 Panel cited, which 

is that the acquisition workforce has 

faced issues with inconsistent 

interpretations of policy and confusion 

over how to identify eligible commercial 

products and commercial 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. 

V. 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 


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harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. This rule is not 

anticipated to be a major rule under 5 

U.S.C. 804. 

VII. Regulatory Flexibility Act 

DoD does 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., as it merely replaces all 

instances of the terms ‘‘commercial 

item,’’ ‘‘noncommercial item,’’ and 

‘‘non-commercial item’’ within the 

DFARS with updated terms. However, 

an initial regulatory flexibility analysis 

has been performed and is summarized 

as follows: 

The purpose of this proposed rule is 

to implement section 836 and section 

837(b) of the John S. McCain National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2019 (Pub. L. 115–232). 

Section 836 replaces the definition of 

commercial item at 41 U.S.C. 103 with 

a definition of commercial product at 41 

U.S.C. 103 and a definition of 

commercial service at 41 U.S.C 103a. 

Section 837(b) implements this revision 

at 10 U.S.C. 2533a and 2533b. This rule 

proposes to amend the DFARS to 

conform with the revision of the 

definition of commercial item by 

replacing all instances of ‘‘commercial 

item’’ with ‘‘commercial product’’ and/ 

or ‘‘commercial service’’, as appropriate 

within the context of the DFARS text. In 

addition, this rule proposes to replace 

all instances of ‘‘noncommercial item’’ 

and ‘‘non-commercial item’’ with ‘‘other 

than commercial product and/or 

commercial service’’, as appropriate 

within the context of the DFARS text. 

The objective of this proposed rule is 

to implement sections 836 and 837(b) of 

the John S. McCain NDAA for FY 2019 

to align the text of the DFARS with the 

new statutory definitions of commercial 

product and commercial service. The 

legal basis for this rule is section 836 

and section 837(b) of the John S. 

McCain NDAA for FY 2019. 

The proposed rule impacts all entities 

that do business with DoD, including 

the over 327,458 small business 

registrants in the System for Award 

Management. However, DoD does not 

expect this proposed rule to have a 

significant impact, because the rule is 

not implementing any requirements 

with which small entities must comply. 

This proposed rule provides clarity for 

the acquisition workforce by replacing 

all instances of ‘‘commercial item’’ with 

‘‘commercial product’’ and/or 

‘‘commercial service’’, as appropriate 

within the context of the DFARS text. 

This proposed rule does not impose 

any new reporting, recordkeeping, or 

other compliance requirements for small 

entities. 

This proposed rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. 

There are no known alternatives that 

would accomplish the stated objectives 

of the applicable statute. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2018–D066), in 

correspondence. 

VIII. Paperwork Reduction Act 

This proposed rule does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 203, 

204, 205, 207, 208, 211, 212, 213, 215, 

216, 217, 219, 222, 223, 225, 226, 227, 

232, 234, 237, 239, 242, 243, 244, 245, 

246, 247, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 203, 204, 205, 

207, 208, 211, 212, 213, 215, 216, 217, 

219, 222, 223, 225, 226, 227, 232, 234, 

237, 239, 242, 243, 244, 245, 246, 247, 

and 252 are proposed to be amended as 

follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for part 203 

is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

203.171–4 [Amended] 

■ 2. Amend section 203.171–4 by— 

■ a. In paragraph (a), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; and 

■ b. In paragraph (b), removing 

‘‘commercial items’’ and ‘‘task and 

delivery orders’’ and adding 

‘‘commercial products and commercial 

services’’ and ‘‘task orders and delivery 

orders’’ in their places, respectively. 

■ 3. Revise section 203.570 to read as 

follows: 

203.570 Prohibition on persons convicted 

of fraud or other defense-contract-related 

felonies. 

203.570–3 [Amended] 

■ 4. Amend section 203.570–3 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

203.1004 [Amended] 

■ 5. Amend section 203.1004 by— 

■ a. In paragraph (a), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; and 

■ b. In paragraph (b)(2)(ii), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place. 

PART 204—ADMINISTRATIVE AND 

INFORMATION MATTERS 

■ 6. The authority citation for part 204 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

204.804–70 [Amended] 

■ 7. Amend section 204.804–70 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

■ 8. Revise the heading for subpart 

204.21 to read as follows: 

Subpart 204.21—Prohibition on 

Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment 

204.2105 [Amended] 

■ 9. Amend section 204.2105 by 

removing from paragraphs (a), (b), and 

(c) ‘‘commercial items’’ and ‘‘task and 

delivery orders’’ and adding 


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‘‘commercial products and commercial 

services’’ and ‘‘task orders and delivery 

orders’’ in their places, respectively. 

204.7103–1 [Amended] 

■ 10. Amend section 204.7103–1 by 

removing from paragraph (g) 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

204.7203 [Amended] 

■ 11. Amend section 204.7203 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

204.7301 [Amended] 

■ 12. Amend section 204.7301 in the 

definition of ‘‘Technical information’’ 

by removing ‘‘Non Commercial Items’’ 

and adding ‘‘Other Than Commercial 

Products and Commercial Services’’ in 

its place. 

204.7304 [Amended] 

■ 13. Amend section 204.7304 by 

removing from paragraphs (a), (b), (c), 

(d), and (e) ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

204.7403 [Amended] 

■ 14. Amend section 204.7403 by 

removing from paragraphs (a) and (b) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

■ 15. Amend section 204.7503 by— 

■ a. Revising the introductory text; and 

■ b. In paragraphs (a) and (b), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

The revision reads as follows: 

204.7503 Contract clause. 

Use the clause at 252.204–7021, 

Contractor Compliance with the 

Cybersecurity Maturity Model 

Certification Level Requirements, as 

follows: 

* * * * * 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 16. The authority citation for part 205 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

205.470 [Amended] 

■ 17. Amend section 205.470 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 207—ACQUISITION PLANNING 

■ 18. The authority citation for part 207 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

207.102 [Amended] 

■ 19. Amend section 207.102 by 

removing from paragraph (a)(1) 

‘‘commercial item’’ and ‘‘Part 12’’ and 

adding ‘‘commercial product or 

commercial service’’ and ‘‘part 12’’ in 

their places, respectively. 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 20. The authority citation for part 208 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

208.7401 [Amended] 

■ 21. Amend section 208.7401 in the 

definition of ‘‘Enterprise software 

agreement’’ by removing ‘‘related 

services’’ and adding ‘‘commercial 

software services’’ in its place. 

208.7402 [Amended] 

■ 22. Amend section 208.7402 by 

removing in paragraph (1) ‘‘related 

services’’ wherever it appears and 

‘‘website at http://www.donimit.navy.mil/esi’’ and adding 

‘‘commercial software services’’ and 

‘‘https://www.esi.mil/’’ in their places, 

respectively. 

208.7403 [Amended] 

■ 23. Amend section 208.7403 by 

removing ‘‘related services’’ and adding 

‘‘commercial software services’’ in its 

place. 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 24. The authority citation for part 211 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

211.104 [Amended] 

■ 25. Amend section 211.104 by 

removing from paragraph (2) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

211.170 [Amended] 

■ 26. Amend section 211.170 by— 

■ a. In paragraph (1), removing ‘‘or,’’ 

and adding ‘‘or’’ in its place; and 

■ b. In paragraph (2), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

211.274–2 [Amended] 

■ 27. Amend section 211.274–2 by 

removing from paragraph (b)(2) 

‘‘commercial item’’ and ‘‘part 12 or part 

8’’ and adding ‘‘commercial product or 

commercial service’’ and ‘‘part 12 or 8’’ 

in their places, respectively. 

211.274–6 [Amended] 

■ 28. Amend section 211.274–6 by 

removing from paragraphs (a)(1) and (c) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

211.275–3 [Amended] 

■ 29. Amend section 211.275–3 by 

removing ‘‘252.211–7006’’, ‘‘commercial 

items’’, and ‘‘211.275–2’’ and adding 

‘‘252.211–7006’’, ‘‘commercial products 

and commercial services’’, and 

‘‘211.275–2’’ in their places, 

respectively. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 30. The authority citation for part 212 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 31. Revise the heading for part 212 to 

read as set forth above. 

■ 32. Revise the heading for subpart 

212.1 to read as follows: 

Subpart 212.1—Acquisition of 

Commercial Products and Commercial 

Services 

■ 33. Amend section 212.102 by— 

■ a. In paragraph (a)(i) heading, 

removing ‘‘Commercial item’’ and 

adding ‘‘Commercial product or 

commercial service’’ in its place; 

■ b. In paragraph (a)(i)(A), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place; 

■ c. In paragraph (a)(i)(C), removing 

‘‘commercial item’’, ‘‘subsections’’, and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product or commercial 

service’’, ‘‘paragraph’’, and 

‘‘ ‘‘commercial product or commercial 

service’’ ’’ in their places, respectively; 

■ d. In paragraph (a)(i)(D), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place; 

■ e. In paragraph (a)(ii) heading, 

removing ‘‘commercial item’’ and 

adding ‘‘commercial product or 

commercial service’’ in its place; 

■ f. In paragraph (a)(ii)(A), removing 

‘‘commercial item’’, ‘‘the Department’’, 

and ‘‘noncommercial items’’ and adding 

‘‘commercial product or commercial 

service’’, ‘‘DoD’’, and ‘‘other than 

commercial products or commercial 

services’’ in their places, respectively; 

■ g. In paragraph (a)(ii)(B), removing 

‘‘commercial item’’ wherever it appears 


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and adding ‘‘commercial product or 

commercial service’’ in its place; 

■ h. Revising paragraph (a)(iii)(A); 

■ i. In paragraph (a)(iii)(B), removing 

‘‘commercial items’’ and adding 

‘‘commercial services’’ in its place; and 

■ j. In paragraph (a)(iii)(C), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

212.102 Applicability. 

(a) * * * 

(iii) * * * 

(A) Except as provided in paragraph 

(a)(iii)(B) of this section, may treat 

supplies and services provided by 

nontraditional defense contractors as 

commercial products or commercial 

services. This permissive authority is 

intended to enhance defense innovation 

and investment, enable DoD to acquire 

products or services that otherwise 

might not have been available, and 

create incentives for nontraditional 

defense contractors to do business with 

DoD. It is not intended to recategorize 

current other than commercial products 

or commercial services; however, when 

appropriate, contracting officers may 

consider applying commercial product 

or commercial service procedures to the 

procurement of supplies and services 

from business segments that meet the 

definition of ‘‘nontraditional defense 

contractor’’ (see 202.101) even though 

they have been established under 

traditional defense contractors. The 

decision to apply commercial product 

or commercial service procedures to the 

procurement of supplies and services 

from nontraditional defense contractors 

does not require a commercial product 

or commercial service determination 

and does not mean the product or 

service is commercial; 

* * * * * 

■ 34. Revise the heading for subpart 

212.2 to read as follows: 

Subpart 212.2—Special Requirements 

for the Acquisition of Commercial 

Products and Commercial Services 

212.203 [Amended] 

■ 35. Amend section 212.203 by 

removing from paragraph (1) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

■ 36. Amend section 212.207 by— 

■ a. In paragraph (b) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place; 

■ b. In paragraph (b)(i), removing 

‘‘commercial item’’, ‘‘paragraph (5)’’, 

‘‘commercial item’’, and ‘‘(41 U.S.C. 

103’’ and adding ‘‘commercial product’’, 

‘‘paragraph (1)’’, ‘‘commercial service’’ 

and ‘‘(41 U.S.C. 103a)’’ in their places, 

respectively; and 

■ c. In paragraph (b)(iii)(A), removing 

‘‘paragraph (6)’’, ‘‘commercial item’’, 

and ‘‘(41 U.S.C. 103)’’ and adding 

‘‘paragraph (1)’’, ‘‘commercial service’’, 

and ‘‘(41 U.S.C. 103a)’’ in their places, 

respectively. 

212.209 [Amended] 

■ 37. Amend section 212.209 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place; 

■ b. In paragraph (a)(1), removing 

‘‘systems items’’ and ‘‘commercial 

items’’ and adding ‘‘systems’’ and 

‘‘commercial products’’ in their places, 

respectively; and 

■ c. In paragraph (b), removing 

‘‘section,’’ and ‘‘commercial items’’ and 

adding ‘‘section’’ and ‘‘commercial 

products or commercial services’’ in 

their places, respectively. 

212.211 [Amended] 

■ 38. Amend 212.211 by removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

■ 39. Revise section 212.270 to read as 

follows: 

212.270 Major weapon systems as 

commercial products. 

The DoD policy for acquiring major 

weapon systems as commercial 

products is in subpart 234.70. 

■ 40. Revise the heading for section 

212.272 to read as follows: 

212.272 Preference for certain commercial 

products and commercial services. 

212.301 [Amended] 

■ 41. Amend section 212.301 by— 

■ a. In the section heading and 

paragraph (f) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place; 

■ b. In paragraph (f)(xi)(A), removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place; 

■ c. In paragraph (f)(xi)(B), removing 

‘‘Commercial Items’’ and adding 

‘‘Commercial Products and Commercial 

Services’’ in its place; and 

■ d. In paragraph (f)(xvi), removing 

‘‘Commercial Items’’ and adding 

‘‘Commercial Products and Commercial 

Services’’ in its place. 

■ 42. Revise the heading for subpart 

212.5 to read as follows: 

Subpart 212.5—Applicability of Certain 

Laws to the Acquisition of Commercial 

Products, Commercial Services, and 

Commercially Available Off-the-Shelf 

Items 

212.503 [Amended] 

■ 43. Amend section 212.503 by— 

■ a. In the section heading, removing 

‘‘executive’’ and ‘‘commercial items’’ 

and adding ‘‘Executive’’ and 

‘‘commercial products and commercial 

services’’ in their places, respectively; 

and 

■ b. In paragraphs (a) introductory text, 

(a)(x), and (c) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in their places, 

respectively. 

212.504 [Amended] 

■ 44. Amend section 212.504 by— 

■ a. In the section heading, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; 

■ b. In paragraph (a) introductory text, 

removing ‘‘commercial items or 

commercial components’’ and adding 

‘‘commercial products or commercial 

services’’ in its place; 

■ c. In paragraph (a)(xvi), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; and 

■ d. In paragraph (b) introductory text, 

removing ‘‘commercial items or 

commercial components’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

■ 45. Revise the heading for subpart 

12.6 to read as follows: 

Subpart 212.6—Streamlined 

Procedures for Evaluation and 

Solicitation for Commercial Products 

and Commercial Services 

■ 46. Revise the heading for subpart 

212.70 to read as follows: 

Subpart 212.70—Limitation on 

Conversion of Procurement From 

Commercial Product and Commercial 

Service Acquisition Procedures 

212.7001 [Amended] 

■ 47. Amend section 212.7001 by— 

■ a. In paragraph (a)(1) introductory 

text, removing ‘‘commercial item’’ and 

‘‘commercial acquisition procedures to 

noncommercial acquisition procedures’’ 

and adding ‘‘commercial product or 

commercial service’’ and ‘‘commercial 

product and commercial service 

acquisition procedures to other than 

commercial product and commercial 

service acquisition procedures’’ in their 

places, respectively; 


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15824 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 

■ b. In paragraph (a)(1)(i), removing 

‘‘commercial acquisition procedures’’ 

and adding ‘‘commercial product and 

commercial service acquisition 

procedures’’ in its place; 

■ c. In paragraph (a)(1)(ii), removing 

‘‘item or service using commercial 

acquisition procedures’’ and adding 

‘‘product or service using commercial 

product and commercial service 

acquisition procedures’’ in its place; and 

■ d. In paragraph (b)(2), removing 

‘‘noncommercial acquisition 

procedures’’ and adding ‘‘other than 

commercial product or commercial 

service acquisition procedures’’ in its 

place. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 48. The authority citation for part 213 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

213.106–2–70 [Amended] 

■ 49. Amend section 213.106–2–70 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

213.301 [Amended] 

■ 50. Amend section 213.301 by 

removing from paragraph (2)(i)(B) 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place. 

213.402 [Amended] 

■ 51. Amend section 213.402 by 

removing from paragraph (a)(i) ‘‘Brandname’’ and adding ‘‘Brand-name 

commercial product’’ in its place. 

■ 52. Revise the heading for subpart 

213.5 to read as follows: 

Subpart 213.5—Simplified Procedures 

for Certain Commercial Products and 

Commercial Services 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 53. The authority citation for part 215 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

215.371–6 [Amended] 

■ 54. Amend section 215.371–6 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

215.402 [Amended] 

■ 55. Amend section 215.402 by 

removing from paragraph (a)(ii) 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

■ 56. Amend section 215.403–1 by— 

■ a. Revising paragraph (c)(3) heading; 

■ b. In paragraph (c)(3)(A), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place; and 

■ c. In paragraph (c)(3)(B), removing 

‘‘commercial item’’ wherever it appears 

and adding ‘‘commercial product or 

commercial service’’ in its place. 

The revision reads as follows: 

215.403–1 Prohibition on obtaining 

certified cost or pricing data (10 U.S.C. 

2306a and 41 U.S.C. chapter 35). 

* * * * * 

(c) * * * 

(3) Commercial products or 

commercial services. * * * 

* * * * * 

■ 57. Amend section 215.403–3(c) by— 

■ a. Revising the heading; and 

■ b. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place. 

The revision reads as follows: 

215.403–3 Requiring data other than 

certified cost or pricing data. 

* * * * * 

(c) Commercial products or 

commercial services. * * * 

215.404–1 [Amended] 

■ 58. Amend section 215.404–1 by— 

■ a. In paragraph (b) heading, removing 

‘‘for commercial and noncommercial 

items’’; 

■ b. In paragraph (b)(ii), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place; and 

■ c. In paragraph (b)(vii), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service determinations’’ in its place. 

215.404–71–4 [Amended] 

■ 59. Amend section 215.404–71–4 by 

removing from paragraph (g)(3)(i)(A) 

‘‘commercial item lines’’ and adding 

‘‘commercial product lines’’ in its place. 

215.404–71–5 [Amended] 

■ 60. Amend section 215.404–71–5 by 

removing from paragraph (b)(7) 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

215.408 [Amended] 

■ 61. Amend section 215.408 by— 

■ a. In paragraphs (2)(i)(A)(1) 

introductory text and (2)(i)(A)(2), 

removing ‘‘DFARS 252.215–7010’’ and 

‘‘commercial items’’ and adding 

‘‘252.215–7010’’ and ‘‘commercial 

products and commercial services’’ in 

their places, respectively; 

■ b. In paragraph (2)(i)(B), removing 

‘‘DFARS’’; and 

■ c. In paragraphs (2)(ii)(A)(1) 

introductory text, (2)(ii)(A)(2), 

(2)(ii)(A)(3)(i), (3), and (5)(i) 

introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

PART 216—TYPES OF CONTRACTS 

■ 62. The authority citation for part 216 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

216.601 [Amended] 

■ 63. Amend section 216.601 by— 

■ a. In paragraph (d)(i)(B)(3), removing 

‘‘noncommercial items’’ and adding 

‘‘other than commercial products or 

commercial services’’ in its place; and 

■ b. In paragraph (e), removing ‘‘NonCommercial Item’’ and ‘‘noncommercial items’’ and adding ‘‘Other 

Than Commercial’’ and ‘‘other than 

commercial products or commercial 

services’’ in their places, respectively. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 64. The authority citation for part 217 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

217.7302 [Amended] 

■ 65. Amend section 217.7302 by 

removing from paragraph (b)(1) 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 66. The authority citation for part 219 

is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

219.270–3 [Amended] 

■ 67. Amend section 219.270–3 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial services’’ in its 

place. 

219.309 [Amended] 

■ 68. Amend section 219.309 by 

removing from paragraph (1) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

219.708 [Amended] 

■ 69. Amend section 219.708 by 

removing from paragraphs (b)(1)(A) 

introductory text and (b)(1)(B) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 


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PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 70. The authority citation for part 222 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

222.7403 [Amended] 

■ 71. Amend section 222.7403 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

222.7405 [Amended] 

■ 72. Amend section 222.7405 by 

removing ‘‘task or delivery orders’’ and 

‘‘commercial items’’ and adding ‘‘task 

orders or delivery orders’’ and 

‘‘commercial products or commercial 

services’’ in their places, respectively. 

PART 223—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 73. The authority citation for part 223 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

223.570–2 [Amended] 

■ 74. Amend section 223.570–2 by 

removing from paragraph (b)(1) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

223.7201 [Amended] 

■ 75. Amend section 223.7201 by 

removing from paragraph (b)(1) 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place. 

223.7306 [Amended] 

■ 76. Amend section 223.7306 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 225—FOREIGN ACQUISITION 

■ 77. The authority citation for part 225 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

225.302–6 [Amended] 

■ 78. Amend section 225.302–6 by 

removing from the introductory text 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.371–5 [Amended] 

■ 79. Amend section 225.371–5 by 

removing from paragraph (a) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

225.372–2 [Amended] 

■ 80. Amend section 225.372–2 

introductory text by removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.771–5 [Amended] 

■ 81. Amend section 225.771–5 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

225.772–5 [Amended] 

■ 82. Amend section 225.772–5 by 

removing from paragraph (b) ‘‘including 

solicitation’’ and ‘‘commercial items’’ 

and adding ‘‘including solicitations’’ 

and ‘‘commercial products and 

commercial services’’ in their places, 

respectively. 

225.1101 [Amended] 

■ 83. Amend section 225.1101 by— 

■ a. In paragraphs (1) introductory text, 

(2)(i) introductory text, (5) introductory 

text, (6) introductory text, (9) 

introductory text, and (10)(i) 

introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; and 

■ b. In paragraph (10)(ii)(B), removing 

‘‘commercial item’’ and ‘‘Section’’ and 

adding ‘‘commercial product’’ and 

‘‘section’’ in their places, respectively. 

225.7002–3 [Amended] 

■ 84. Amend section 225.7002–3 by 

removing from paragraphs (a), (b), and 

(c) ‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.7003–3 [Amended] 

■ 85. Amend section 225.7003–3 by— 

■ a. In paragraph (b)(2)(i)(D)(2), 

removing ‘‘commercial item’’ and 

‘‘subsection’’ and adding ‘‘commercial 

product’’ and ‘‘section’’ in their places, 

respectively; and 

■ b. In paragraph (b)(3), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

225.7003–5 [Amended] 

■ 86. Amend section 225.7003–5 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘subsection’’ and adding 

‘‘section’’ in its place; and 

■ b. In paragraphs (a)(1) introductory 

text, (a)(2) introductory text, and (b) 

introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.7006–4 [Amended] 

■ 87. Amend section 225.7006–4 by 

removing from paragraphs (a) 

introductory text and (b) introductory 

text ‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.7009–3 [Amended] 

■ 88. Amend section 225.7009–3 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place. 

225.7009–5 [Amended] 

■ 89. Amend section 225.7009–5 by— 

■ a. In the introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; and 

■ b. In paragraph (a), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

225.7017–4 [Amended] 

■ 90. Amend section 225.7017–4 by 

removing from paragraphs (a)(1) and (2) 

and (b) ‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.7018–5 [Amended] 

■ 91. Amend section 225.7018–5 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

225.7202 [Amended] 

■ 92. Amend section 225.7202 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products, 

commercial services’’ in its place. 

225.7307 [Amended] 

■ 93. Amend section 225.7307 by 

removing from paragraphs (a) and (b) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

225.7501 [Amended] 

■ 94. Amend section 225.7501 by 

removing from paragraph (a)(2)(vi) 

‘‘commercial item’’ and ‘‘Section’’ and 

adding ‘‘commercial product’’ and 

‘‘section’’ in their places, respectively. 

225.7503 [Amended] 

■ 95. Amend section 225.7503 by 

removing from paragraphs (a) 

introductory text and (b) introductory 

text ‘‘commercial items or components’’ 

and adding ‘‘commercial products, 

including commercial components’’ in 

its place. 

225.7605 [Amended] 

■ 96. Amend section 225.7605 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 


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225.7703–4 [Amended] 

■ 97. Amend section 225.7703–4 by 

removing from paragraphs (a), (b), (c) 

introductory text, and (d) ‘‘commercial 

items’’ and adding ‘‘commercial 

products and commercial services’’ in 

its place. 

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 98. The authority citation for part 226 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

226.104 [Amended] 

■ 99. Amend section 226.104 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

226.7203 [Amended] 

■ 100. Amend section 226.7203 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

■ 101. The authority citation for part 

227 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

227.7101 [Amended] 

■ 102. Amend section 227.7101 by 

removing from paragraph (b) 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

■ 103. Revise section 227.7102 to read 

as follows: 

227.7102 Commercial products, including 

components, commercial services, or 

commercial processes. 

227.7102–1 [Amended] 

■ 104. Amend section 227.7102–1 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘commercial item or process’’ 

and adding ‘‘commercial product, 

commercial service, or commercial 

process’’ in its place; 

■ b. In paragraph (a)(2), removing 

‘‘commercial items or processes’’ and 

‘‘commercial item’’ and adding 

‘‘commercial products or commercial 

processes’’ and ‘‘commercial product’’ 

in their places, respectively; 

■ c. In paragraph (b) introductory text, 

removing ‘‘subsection’’ and adding 

‘‘section’’ in its place; and 

■ d. In paragraphs (b)(1) and (2), 

removing ‘‘commercial items or 

processes’’ and adding ‘‘commercial 

products, commercial services, or 

commercial processes’’ in its place. 

227.7102–2 [Amended] 

■ 105. Amend section 227.7102–2 by 

removing from paragraph (a) 

‘‘Commercial Items’’, ‘‘commercial 

items or processes’’, and ‘‘commercial 

items’’ and adding ‘‘Commercial 

Products and Commercial Services’’, 

‘‘commercial products, commercial 

services, or commercial processes’’ and 

‘‘commercial products’’ in their places, 

respectively. 

227.7102–3 [Amended] 

■ 106. Amend section 227.7102–3 by— 

■ a. In the section heading, removing 

‘‘challenge’’ and adding ‘‘challenge,’’ in 

its place; and 

■ b. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

■ 107. Amend section 227.7102–4 by— 

■ a. Revising paragraph (a)(1); 

■ b. In paragraph (a)(2), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; 

■ c. In paragraph (b), removing 

‘‘Noncommercial Items’’ and 

‘‘commercial item’’ wherever it appears 

and adding ‘‘Other Than Commercial 

Products and Commercial Services’’ and 

‘‘commercial product or commercial 

service’’ in their places, respectively; 

and 

■ d. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

The revision reads as follows: 

227.7102–4 Contract clauses. 

(a)(1) Except as provided in paragraph 

(b) of this section, use the clause at 

252.227–7015, Technical Data– 

Commercial Products and Commercial 

Services, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, when the 

contractor will be required to deliver 

technical data pertaining to commercial 

products including commercial 

components, commercial services, or 

commercial processes. 

* * * * * 

■ 108. Revise section 227.7103 to read 

as follows: 

227.7103 Other than commercial products, 

commercial services, or commercial 

processes. 

227.7103–3 [Amended] 

■ 109. Amend section 227.7103–3 by— 

■ a. In the section heading, removing 

‘‘reproduction’’ and adding 

‘‘reproduction,’’ in its place; and 

■ b. In paragraph (b), removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

■ 227.7103–5 

■ 110. Amend section 227.7103–5 by 

removing from the introductory text 

‘‘Noncommercial Items’’ and 

‘‘subsection’’ and adding ‘‘Other Than 

Commercial Products and Commercial 

Services’’ and ‘‘section’’ in their places, 

respectively. 

■ 111. Amend section 227.7103–6 by— 

■ a. Revising paragraph (a); and 

■ b. In paragraphs (b)(1) introductory 

text and (b)(2), removing ‘‘commercial 

items’’ and adding ‘‘commercial 

products and commercial services’’ in 

its place. 

The revision reads as follows: 

227.7103–6 Contract clauses. 

(a) Use the clause at 252.227–7013, 

Rights in Technical Data–Other Than 

Commercial Products and Commercial 

Services, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, when the 

successful offeror(s) will be required to 

deliver to the Government technical 

data pertaining to other than 

commercial products or commercial 

services, or pertaining to commercial 

products or commercial services for 

which the Government will have paid 

for any portion of the development costs 

(in which case the clause at 252.227– 

7013 will govern the technical data 

pertaining to any portion of a 

commercial product or commercial 

service that was developed in any part 

at Government expense, and the clause 

at 252.227–7015 will govern the 

technical data pertaining to any portion 

of a commercial product or commercial 

service that was developed exclusively 

at private expense). Do not use the 

clause when the only deliverable items 

are computer software or computer 

software documentation (see 227.72), 

commercial products or commercial 

services developed exclusively at 

private expense (see 227.7102–4), 

existing works (see 227.7105), special 

works (see 227.7106), or when 

contracting under the Small Business 

Innovation Research Program (see 

227.7104). Except as provided in 

227.7107–2, do not use the clause in 

architect-engineer and construction 

contracts. 

* * * * * 

227.7103–9 [Amended] 

■ 112. Amend section 27.7103–9 by 

removing from paragraph (a)(1) 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 


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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 15827 

227.7103–10 [Amended] 

■ 113. Amend section 227.7103–10 by 

removing from paragraphs (a)(3) and (b) 

introductory text ‘‘Noncommercial 

Items’’ and adding ‘‘Other Than 

Commercial Products and Commercial 

Services’’ in its place. 

227.7103–11 [Amended] 

■ 114. Amend section 227.7103–11 in 

paragraph (a) by removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

227.7103–12 [Amended] 

■ 115. Amend section 227.7103–12 by 

removing from paragraph (a)(1) 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

■ 116. Amend section 227.7103–13 by— 

■ a. In paragraph (c)(1), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place; 

■ b. In paragraph (c)(2) introductory 

text, removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place; 

■ c. In paragraph (c)(2)(i): 

■ i. Revising the heading; and 

■ ii. Removing ‘‘commercial item’’ and 

adding ‘‘commercial product or 

commercial service’’ in its place; and 

■ d. In paragraphs (c)(2)(ii)(A)(1) and 

(2), removing ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place. 

The revision reads as follows: 

227.7103–13 Government right to review, 

verify, challenge, and validate asserted 

restrictions. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Commercial products and 

commercial services. * * * 

* * * * * 

227.7103–15 [Amended] 

■ 117. Amend 227.7103–15 by— 

■ a. In paragraph (a), removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place; 

■ b. In paragraph (c) introductory text, 

removing ‘‘non-commercial items’’ and 

adding ‘‘other than commercial 

products or commercial services’’ in its 

place; and 

■ c. In paragraphs (c)(1) and (d), 

removing ‘‘Noncommercial Items’’ and 

adding ‘‘Other Than Commercial 

Products and Commercial Services’’ in 

its place. 

227.7103–16 [Amended] 

■ 118. Amend section 227.7103–16 by 

removing from paragraph (b) 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

227.7103–17 [Amended] 

■ 119. Amend section 227.7103–17 by 

removing from paragraph (a) 

‘‘Noncommercial Items’’ and ‘‘release 

or’’ and adding ‘‘Other Than 

Commercial Products and Commercial 

Services’’ and ‘‘release, or’’ in their 

places, respectively. 

227.7104 [Amended] 

■ 120. Amend section 227.7104 by 

removing from paragraph (a) 

‘‘Noncommercial Technical’’ and 

adding ‘‘Other Than Commercial 

Technical’’ in its place. 

227.7106 [Amended] 

■ 121. Amend section 227.7106 by 

removing from paragraph (a)(1) 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

227.7201 [Amended] 

■ 122. Amend section 227.7201 by 

removing from paragraph (b) 

‘‘Noncommercial’’ wherever it appears 

and adding ‘‘Other Than Commercial’’ 

in its place. 

■ 123. Revise the heading for section 

227.7203 to read as follows: 

227.7203 Other than commercial computer 

software and other than commercial 

computer software documentation. 

* * * * * 

227.7203–2 [Amended] 

■ 124. Amend section 227.7203–2 by 

removing from the section heading 

‘‘noncommercial’’ and adding ‘‘other 

than commercial’’ in its place. 

227.7203–3 [Amended] 

■ 125. Amend section 227.7203–3 by— 

■ a. In the section heading, removing 

‘‘reproduction’’ and adding 

‘‘reproduction,’’ in its place; and 

■ b. In paragraph (a), removing ‘‘Rights 

in Noncommercial Computer Software 

and Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7203–4 [Amended] 

■ 126. Amend section 227.7203–4 by 

removing from paragraph (b) ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7203–5 [Amended] 

■ 127. Amend section 227.7203–5 by— 

■ a. In the introductory text, removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and 

‘‘subsection’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ 

and ‘‘section’’ in their places, 

respectively; and 

■ b. In paragraph (c)(1), removing 

‘‘noncommercial’’ and adding ‘‘other 

than commercial’’ in its place. 

227.7203–6 [Amended] 

■ 128. Amend section 227.7203–6 by— 

■ a. In paragraph (a)(1), removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’, ‘‘commercial 

items’’, and ‘‘(see 227.7104),’’ and 

adding ‘‘Rights in Other Than 

Commercial Computer Software and 

Other Than Commercial Computer 

Software Documentation’’, ‘‘commercial 

products and commercial services’’ and 

‘‘(see 227.7104).’’ in their places, 

respectively; and 

■ b. In paragraph (f), removing 

‘‘noncommercial’’ and adding ‘‘other 

than commercial’’ in its place. 

227.7203–9 [Amended] 

■ 129. Amend section 227.7203–9 by— 

■ a. In paragraph (a)(1), removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and adding 

‘‘Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation’’ in its place; and 

■ b. In paragraph (a)(2), removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place. 

227.7203–10 [Amended] 

■ 130. Amend section 227.7203–10 by 

removing from paragraphs (a)(3) and (b) 

introductory text ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7203–11 [Amended] 

■ 131. Amend section 227.7203–11 by 

removing from paragraph (a) ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 


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15828 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 

Computer Software Documentation’’ in 

its place. 

227.7203–12 [Amended] 

■ 132. Amend section 227.7203–12 by 

removing from paragraph (a)(1) ‘‘Rights 

in Noncommercial Computer Software 

and Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7203–15 [Amended] 

■ 133. Amend section 227.7203–15 by 

removing from paragraphs (c)(1) and (d) 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and adding 

‘‘Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation’’ in its place. 

227.7203–16 [Amended] 

■ 134. Amend section 227.7203–16 by 

removing from paragraph (b) ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7203–17 [Amended] 

■ 135. Amend section 227.7203–17 by 

removing from paragraph (a) ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

227.7205 [Amended] 

■ 136. Amend section 227.7205 by 

removing from paragraph (a)(1) ‘‘Rights 

in Noncommercial Computer Software 

and Noncommercial Computer Software 

Documentation’’ and adding ‘‘Rights in 

Other Than Commercial Computer 

Software and Other Than Commercial 

Computer Software Documentation’’ in 

its place. 

PART 232—CONTRACT FINANCING 

■ 137. The authority citation for part 

232 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

232.009–2 [Amended] 

■ 138. Amend section 232.009–2 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

■ 139. Revise the heading for subpart 

232.1 to read as follows: 

Subpart 232.1—Financing for Other 

Than a Commercial Purchase 

■ 140. Revise the heading for subpart 

232.2 to read as follows: 

Subpart 232.2—Commercial Product 

and Commercial Service Purchase 

Financing 

232.206 [Amended] 

■ 141. Amend section 232.206 by 

removing from the paragraph (g) 

heading ‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

■ 142. Revise the heading for subpart 

232.4 to read as follows: 

Subpart 232.4—Advance Payments for 

Other Than Commercial Acquisitions 

232.908 [Amended] 

■ 143. Amend section 232.908 by 

removing ‘‘commercial items’’ and 

‘‘Commercial Items’’ and adding 

‘‘commercial products and commercial 

services’’ and ‘‘Commercial Products 

and Commercial Services’’ in their 

places, respectively. 

232.1110 [Amended] 

■ 144. Amend section 232.1110 by 

removing from the introductory text 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

232.7004 [Amended] 

■ 145. Amend section 232.7004 by— 

■ a. In paragraph (a), removing 

‘‘contract or task or delivery order’’ and 

‘‘commercial items’’ and adding 

‘‘contract, task order, or delivery order’’ 

and ‘‘commercial products and 

commercial services’’ in their places, 

respectively; and 

■ b. In paragraph (b), removing 

‘‘contracts or task or delivery orders’’ 

and ‘‘commercial items’’ and adding 

‘‘contracts, task orders, or delivery 

orders’’ and ‘‘commercial products and 

commercial services’’ in their places, 

respectively. 

232.7102 [Amended] 

■ 146. Amend section 232.7102 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

232.7202 [Amended] 

■ 147. Amend section 232.7202 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 234—MAJOR SYSTEM 

ACQUISITION 

■ 148. The authority citation for part 

234 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 149. Revise the heading for subpart 

234.70 to read as follows: 

Subpart 234.70—Acquisition of Major 

Weapon Systems as Commercial 

Products 

234.7000 [Amended] 

■ 150. Amend section 234.7000 in 

paragraph (b) by removing ‘‘commercial 

item’’ and adding ‘‘commercial 

product’’ in its place. 

234.7002 [Amended] 

■ 151. Amend section 234.7002 by— 

■ a. In paragraph (a)(1) introductory 

text, removing ‘‘commercial item’’ and 

‘‘commercial items’’ and adding 

‘‘commercial product’’ and ‘‘commercial 

products and commercial services’’ in 

their places, respectively; 

■ b. In paragraph (a)(1)(i)(A), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; 

■ c. In paragraph (b) introductory text, 

removing ‘‘commercial item’’ and 

‘‘commercial items’’ and adding 

‘‘commercial product’’ and ‘‘commercial 

products and commercial services’’ in 

their places, respectively; 

■ d. In paragraph (b)(1), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; 

■ e. In paragraph (b)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; 

■ f. In paragraph (c)(1) introductory text, 

removing ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place; 

■ g. In paragraphs (c)(1)(i)(A) and (B) 

introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; 

■ h. In paragraph (c)(1)(ii), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; 

■ i. In paragraph (d)(1), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place; and 

■ j. In paragraph (d)(5), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place. 

PART 237—SERVICE CONTRACTING 

■ 152. The authority citation for part 

237 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 


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237.171–4 [Amended] 

■ 153. Amend section 237.171–4 by 

removing from the introductory text 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

237.173–5 [Amended] 

■ 154. Amend section 237.173–5 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 155. The authority citation for part 

239 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

239.101 [Amended] 

■ 156. Amend section 239.101 by 

removing from paragraph (1) 

‘‘commercial items’’ wherever it appears 

and adding ‘‘commercial products or 

commercial services’’ in its place. 

239.7306 [Amended] 

■ 157. Amend section 239.7306 by 

removing from paragraphs (a) and (b) 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

239.7604 [Amended] 

■ 158. Amend section 239.7604 by 

removing from paragraphs (a) and (b) 

‘‘commercial item’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 159. The authority citation for part 

242 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

242.7200 [Amended] 

■ 160. Amend section 242.7200 by 

removing from paragraph (b)(1) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products or 

commercial services’’ in its place. 

242.7204 [Amended] 

■ 161. Amend section 242.7204 by 

removing from the introductory text 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

PART 243—CONTRACT 

MODIFICATIONS 

■ 162. The authority citation for part 

243 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

243.205–71 [Amended] 

■ 163. Amend section 242.205–71 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 164. The authority citation for part 

244 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

244.303 [Amended] 

■ 165. Amend section 244.303 by 

removing from paragraph (a) 

‘‘commercial item’’ and ‘‘definition of 

‘‘commercial item’’ in FAR 2.101’’ and 

adding ‘‘commercial product or 

commercial service’’ and ‘‘definition of 

‘‘commercial product’’ or ‘‘commercial 

service’’ in FAR 2.101’’ in their places, 

respectively. 

■ 166. Revise the heading for subpart 

244.4 to read as follows: 

Subpart 244.4—Subcontracts for 

Commercial Products and Commercial 

Services 

244.402 [Amended] 

■ 167. Amend section 244.402 by— 

■ a. In paragraph (a), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place; and 

■ b. In paragraph (S–70), removing 

‘‘commercial items’’, ‘‘definition of 

‘‘commercial item’’ at FAR 2.101’’, and 

‘‘commercial item’’ and adding 

‘‘commercial products or commercial 

services’’, ‘‘definition of ‘‘commercial 

product’’ or ‘‘commercial service’’ at 

FAR 2.101’’, and ‘‘commercial product 

or commercial service’’ in their places, 

respectively. 

244.403 [Amended] 

■ 168. Amend section 244.403 by 

removing ‘‘Commercial Items’’ and 

‘‘commercial items’’ and adding 

‘‘Commercial Products and Commercial 

Services’’ and ‘‘commercial products 

and commercial services’’ in their 

places, respectively. 

PART 245—GOVERNMENT PROPERTY 

■ 169. The authority citation for part 

245 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 170. Amend section 245.102 by— 

■ a. Revising the introductory text; and 

■ b. In paragraph (4)(ii)(C) introductory 

text, removing ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place. 

The revision reads as follows: 

245.102 Policy. 

See the policy guidance at PGI 

245.102–70. 

* * * * * 

PART 246—QUALITY ASSURANCE 

■ 171. The authority citation for part 

246 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

246.270–4 [Amended] 

■ 172. Amend section 246.270–4 by 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 

246.370 [Amended] 

■ 173. Amend section 246.370 by 

removing from paragraph (a) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

246.704 [Amended] 

■ 174. Amend section 246.704 by 

removing from paragraph (1)(i) 

‘‘Commercial items’’ and adding 

‘‘Commercial products or commercial 

services’’ in its place. 

246.706 [Amended] 

■ 175. Amend section 246.706 by 

removing from paragraph (b)(5) ‘‘noncommercial items’’ and adding ‘‘other 

than commercial products’’ in its place. 

246.870–3 [Amended] 

■ 176. Amend section 246.870–3 by 

removing from paragraph (b) 

introductory text ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

PART 247—TRANSPORTATION 

■ 177. The authority citation for part 

247 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

247.574 [Amended] 

■ 178. Amend section 247.574 by— 

■ a. In paragraphs (a)(1) introductory 

text and (b) introductory text, removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place; 

■ b. In paragraphs (b)(1) introductory 

text and (b)(2) and (3), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place; and 

■ c. In paragraphs (c), (d), and (e), 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products and 

commercial services’’ in its place. 


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PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 179. The authority citation for part 

252 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 180. Amend section 252.203–7001 

by— 

■ a. Revising the section heading and 

date of the clause; and 

■ b. In paragraph (g): 

■ i. Adding a heading; and 

■ ii. Removing ‘‘commercial items or 

components’’ and adding ‘‘commercial 

products or commercial services’’ in its 

place. 

The revisions and addition read as 

follows: 

252.203–7001 Prohibition on Persons 

Convicted of Fraud or Other DefenseContract-Related Felonies. 

* * * * * 

Prohibition on Persons Convicted of 

Fraud or Other Defense–Contract– 

Related Felonies (DATE) 

* * * * * 

(g) Subcontracts. * * * 

* * * * * 

■ 181. Amend section 252.203–7004 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (d), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place. 

The revision reads as follows: 

252.203–7004 Display of Hotline Posters. 

* * * * * 

Display of Hotline Posters (DATE) 

* * * * * 

■ 182. Amend section 252.204–7004 

by— 

■ a. Revising the clause heading and the 

date of the clause; and 

■ b. In paragraph (d), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

The revisions read as follows: 

252.204–7004 Antiterrorism Awareness 

Training for Contractors. 

* * * * * 

Antiterrorism Awareness Training for 

Contractors (DATE) 

* * * * * 

■ 183. Amend section 252.204–7009 

by— 

■ a. Revising the section heading and 

date of the clause; 

■ b. In paragraph (a), in the definition of 

‘‘Technical information’’, removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place; and 

■ c. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial products and commercial 

services’’ in its place. 

The revision reads as follows: 

252.204–7009 Limitations on the Use or 

Disclosure of Third-Party Contractor 

Reported Cyber Incident Information. 

* * * * * 

Limitations on the Use or Disclosure of 

Third–Party Contractor Reported Cyber 

Incident Information (DATE) 

* * * * * 

■ 184. Amend section 252.204–7012 

by— 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘204.7304c’’ and adding ‘‘204.7304(c)’’ 

in its place; 

■ c. Revising the date of the clause; 

■ d. In paragraph (a), in the definition 

of ‘‘Technical information’’, removing 

‘‘Noncommercial Items’’ and adding 

‘‘Other Than Commercial Products and 

Commercial Services’’ in its place; and 

■ e. In paragraph (m)(1), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.204–7012 Safeguarding Covered 

Defense Information and Cyber Incident 

Reporting. 

* * * * * 

Safeguarding Covered Defense 

Information and Cyber Incident 

Reporting (DATE) 

* * * * * 

■ 185. Amend section 252.204–7014 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (f): 

■ i. Revising the heading; and 

■ ii. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

The revisions read as follows: 

252.204–7014 Limitations on the Use or 

Disclosure of Information by Litigation 

Support Contractors. 

* * * * * 

Limitations on the Use or Disclosure of 

Information by Litigation Support 

Contractors (DATE) 

* * * * * 

(f) Subcontracts. * * * 

* * * * * 

■ 186. Amend section 252.204–7015 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (c): 

■ i. Revising the heading; and 

■ ii. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

The revisions read as follows: 

252.204–7015 Notice of Authorized 

Disclosure of Information for Litigation 

Support. 

* * * * * 

Notice of Authorized Disclosure of 

Information for Litigation Support 

(DATE) 

* * * * * 

(c) Subcontracts. * * * 

* * * * * 

■ 187. Amend section 252.204–7018 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (e), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.204–7018 Prohibition on the 

Acquisition of Covered Defense 

Telecommunications Equipment or 

Services. 

* * * * * 

Prohibition on the Acquisition of 

Covered Defense Telecommunications 

Equipment or Services (DATE) 

* * * * * 

■ 188. Amend section 252.204–7020 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (g)(1), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.204–7020 NIST SP 800–171 DoD 

Assessment Requirements. 

* * * * * 

NIST SP 800–171 DOD Assessment 

Requirements (DATE) 

* * * * * 

■ 189. Amend section 252.204–7021 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (c)(1), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.204–7021 Contractor Compliance with 

the Cybersecurity Maturity Model 

Certification Level Requirement. 

* * * * * 

Contractor Compliance With the 

Cybersecurity Maturity Model 

Certification Level Requirement (DATE) 

* * * * * 

■ 190. Amend section 252.211–7003 

by— 


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■ a. Revising the section heading and 

date of the clause; and 

■ b. In paragraph (g), removing ‘‘by 

contract any items’’ and ‘‘commercial 

items’’ and adding ‘‘by subcontract any 

item(s)’’ and ‘‘commercial products or 

commercial services’’ in their places, 

respectively. 

The revisions read as follows: 

252.211–7003 Item Unique Identification 

and Valuation. 

* * * * * 

Item Unique Identification and 

Valuation (DATE) 

* * * * * 

■ 191. Amend section 252.215–7009 by 

revising the section heading, the date of 

the provision, and item 18 of the table 

to read as follows: 

252.215–7009 Proposal Adequacy 

Checklist. 

* * * * * 

Proposal Adequacy Checklist (DATE) 

* * * * * 

PROPOSAL ADEQUACY CHECKLIST

References Submission item Proposal 

page No. 

If not provided EXPLAIN (may 

use continuation pages) 

*******

18. FAR 52.215–20 FAR 2.101, ‘‘commercial product or commercial service’’.Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial products proposed either at the prime or subcontractor level, in accordance with provision 52.215–20? 

a. Has the offeror specifically identified the type of commercial 

product claim (FAR 2.101 commercial product definition, and 

the basis on which the commercial product meets the definition? 

b. For modified commercial products (FAR 2.101 commercial 

product or commercial service definition; did the offeror classify 

the modification(s) as either— 

i. A modification of a type customarily available in the commercial 

marketplace (paragraph (3)(i)); or 

ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to meet 

Federal Government requirements not exceeding the thresholds in FAR 15.403–1(c)(3)(iii)(B)? 

c. For proposed commercial products ‘‘of a type’’, or ‘‘evolved’’ or 

modified (FAR 2.101 commercial product definition), did the 

contractor provide a technical description of the differences between the proposed item and the comparison item(s)? 

* * * * * * * 

* * * * * 

■ 192. Amend section 252.215–7010 

by— 

■ a. Revising the provision date; 

■ b. In paragraph (b)(1)(ii) introductory 

text, removing ‘‘Commercial item’’, 

‘‘commercial item’’, ‘‘same item’’, and 

‘‘similar items’’ and adding 

‘‘Commercial product or commercial 

service’’, ‘‘commercial product’’, ‘‘same 

product’’, and ‘‘similar products’’ in 

their places, respectively; and 

■ c. In paragraph (b)(1)(ii)(A), removing 

‘‘items’’ and adding ‘‘products’’ in its 

place. 

The revision reads as follows: 

252.215–7010 Requirements for Certified 

Cost or Pricing Data and Data Other Than 

Certified Cost or Pricing Data. 

* * * * * 

Requirements for Certified Cost or 

Pricing Data and Data Other Than 

Certified Cost or Pricing Data–Basic 

(DATE) 

* * * * * 

■ 193. Amend section 252.215–7013 

by— 

■ a. Revising the provision heading and 

date; and 

■ b. Removing ‘‘commercial items’’ and 

‘‘commercial item’’ wherever they 

appear and adding ‘‘commercial 

products or commercial services’’ and 

‘‘commercial product or commercial 

service’’ in their places, respectively. 

The revisions read as follows: 

252.215–7013 Supplies and Services 

Provided by Nontraditional Defense 

Contractors. 

* * * * * 

Supplies and Services Provided by 

Nontraditional Defense Contractors 

(DATE) 

* * * * * 

■ 194. Amend section 252.216–7000 

by— 

■ a. Revising the section heading and 

clause date; and 

■ b. In paragraph (a), in the definition of 

‘‘Established price’’, removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place. 

The revisions read as follows: 

252.216–7000 Economic Price 

Adjustment—Basic Steel, Aluminum, Brass, 

Bronze, or Copper Mill Products. 

* * * * * 

Economic Price Adjustment–Basic 

Steel, Aluminum, Brass, Bronze, or 

Copper Mill Products (DATE) 

* * * * * 

■ 195. Amend section 252.216–7001 

by— 

■ a. Revising the section heading and 

clause date; and 

■ b. In paragraph (a), in the definition of 

‘‘Established price’’, removing from 

paragraph (1) ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place. 

The revisions read as follows: 

252.216–7001 Economic Price 

Adjustment–Nonstandard Steel Items. 

* * * * * 


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Economic Price Adjustment– 

Nonstandard Steel Items (DATE) 

* * * * * 

■ 196. Amend section 252.216–7002 by 

revising the section heading, provision 

heading, and date of the provision to 

read as follows: 

252.216–7002 Alternate A, Time-andMaterials/Labor-Hour Proposal 

Requirements—Other Than Commercial 

Acquisition with Adequate Price 

Competition. 

* * * * * 

Alternate A, Time-and-Materials/ 

Labor–Hour Proposal Requirements– 

Other Than Commercial Acquisition 

With Adequate Price Competition 

(DATE) 

* * * * * 

■ 197. Amend section 252.217–7026 

by— 

■ a. Revising the section heading and 

provision date; 

■ b. In paragraph (b)(2), removing ‘‘list 

‘‘none.’’’’ and adding ‘‘list ‘‘none’’. ’’ in 

its place; and 

■ c. In paragraph (b)(3), removing 

‘‘commercial item’’ and adding 

‘‘commercial product or commercial 

service’’ in its place. 

The revisions read as follows: 

252.217–7026 Identification of Sources of 

Supply. 

* * * * * 

Identification of Sources of Supply 

(DATE) 

* * * * * 

■ 198. Amend section 252.222–7006 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (a), in the definition of 

‘‘Covered subcontractor’’, removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.222–7006 Restrictions on the Use of 

Mandatory Arbitration Agreements. 

* * * * * 

Restrictions on the Use of Mandatory 

Arbitration Agreements (DATE) 

* * * * * 

■ 199. Amend section 252.223–7008 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (d), removing 

‘‘commercial items’’ and ‘‘supplies,,’’ 

and adding ‘‘commercial products or 

commercial services’’ and ‘‘supplies,’’ in 

their places, respectively. 

The revision reads as follows: 

252.223–7008 Prohibition of Hexavalent 

Chromium. 

* * * * * 

Prohibition of Hexavalent Chromium 

(DATE) 

* * * * * 

■ 200. Amend section 252.225–7001 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ c. In the Alternate I clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively. 

The revisions read as follows: 

252.225–7001 Buy American and Balance 

of Payments Program. 

* * * * * 

Buy American and Balance of 

Payments Program–basic (DATE) 

* * * * * 

Buy American and Balance of 

Payments Program–Alternate I (DATE) 

* * * * * 

■ 201. Amend section 252.225–7009 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

item’’, removing from paragraph (i)(A) 

‘‘commercial item’’ and ‘‘ ‘‘commercial 

item’’ ’’ and adding ‘‘commercial 

product’’ and ‘‘ ‘‘commercial product’’ ’’ 

in their places, respectively; 

■ c. In paragraph (c)(2)(i)(D)(2), 

removing ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place; 

■ d. In paragraph (c)(3), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place; and 

■ e. In paragraph (e)(2), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The revision reads as follows: 

252.225–7009 Restriction on Acquisition 

of Certain Articles Containing Specialty 

Metals. 

* * * * * 

Restriction on Acquisition of Certain 

Articles Containing Specialty Metals 

(DATE) 

* * * * * 

■ 202. Amend section 252.225–7016 

by— 

■ a. Revising the section heading and 

clause date; 

■ b. In paragraph (c)(1), removing ‘‘a 

noncommercial end product’’ and 

adding ‘‘an other than commercial end 

product’’; 

■ c. In paragraph (c)(2), removing 

‘‘noncommercial components’’ and ‘‘a 

noncommercial end product’’ and 

adding ‘‘other than commercial 

components’’ and ‘‘an other than 

commercial end product’’ in their 

places, respectively; 

■ d. In paragraph (f) introductory text, 

adding a heading; and 

■ e. Revising paragraph (f)(1). 

The revisions read as follows: 

252.225–7016 Restriction on Acquisition 

of Ball and Roller Bearings. 

* * * * * 

Restriction on Acquisition of Ball and 

Roller Bearings (DATE) 

* * * * * 

(f) Subcontracts. * * * 

(1) Commercial products; or 

* * * * * 

■ 203. Amend section 252.225–7021 

by— 

■ a. Revising the section heading and 

clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ c. In the Alternate II clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively. 

The revisions read as follows: 

252.225–7021 Trade Agreements. 

* * * * * 

Trade Agreements—Basic (DATE) 

* * * * * 

Trade Agreements—Alternate II 

(DATE) 

* * * * * 

■ 204. Amend section 252.225–7036 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 


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‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ c. In the Alternate I clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ d. In the Alternate II clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ e. In the Alternate III clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ f. In the Alternate IV clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ g. In the Alternate V clause— 

■ i. Revising the clause date; and 

■ ii. In paragraph (a)(i)(A), in the 

definition of ‘‘Commercially available 

off-the-shelf (COTS) item’’, removing 

from paragraph (i)(A) ‘‘commercial 

item’’ and ‘‘commercial item’’ and 

adding ‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively. 

The revisions read as follows: 

252.225–7036 Buy American—Free Trade 

Agreements—Balance of Payments 

Program. 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Basic (DATE) 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Alternate I (DATE) 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Alternate II (DATE) 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Alternate III (DATE) 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Alternate IV (DATE) 

* * * * * 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program—Alternate V (DATE) 

* * * * * 

■ 205. Amend section 252.225–7039 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (f) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

The revision reads as follows: 

252.225–7039 Defense Contractors 

Performing Private Security Functions 

Outside the United States. 

* * * * * 

Defense Contractors Performing Private 

Security Functions Outside The United 

States (DATE) 

* * * * * 

■ 206. Amend section 252.225–7044 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ c. In paragraph (b)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; and 

■ d. In the Alternate I clause— 

■ i. Revising the clause date; 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ iii. In paragraph (b)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place. 

The revisions read as follows: 

252.225–7044 Balance of Payments 

Program—Construction Material. 

* * * * * 

Balance of Payments Program— 

Construction Material—Basic (DATE) 

* * * * * 

Balance of Payments Program— 

Construction Material—Alternate I 

(DATE) 

* * * * * 

■ 207. Amend section 252.225–7045 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘ ‘‘commercial item’’ ’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; 

■ c. In paragraph (c)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; 

■ d. In the Alternate I clause— 

■ i. Revising the clause date; 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ iii. In paragraph (c)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; 

■ e. In the Alternate II clause— 

■ i. Revising the clause date; 

■ ii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ iii. In paragraph (c)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place; and 

■ f. In the Alternate III clause— 

■ i. In the introductory text, removing 

‘‘(SC/CASA’’ and adding ‘‘(SC/CASA)’’ 

in its place; 

■ ii. Revising the clause date; 

■ iii. In paragraph (a), in the definition 

of ‘‘Commercially available off-the-shelf 

(COTS) item’’, removing from paragraph 

(i)(A) ‘‘commercial item’’ and 

‘‘commercial item’’ and adding 

‘‘commercial product’’ and 

‘‘ ‘‘commercial product’’ ’’ in their 

places, respectively; and 

■ iv. In paragraph (c)(2), removing 

‘‘commercial item’’ and adding 

‘‘commercial product’’ in its place. 

The revisions read as follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 


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Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Basic (DATE) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate I (date) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate II (DATE) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate III (DATE) 

* * * * * 

■ 208. Amend section 252.225–7052 

by— 

■ a. Adding introductory text; 

■ b. Revising the clause date; 

■ c. In paragraph (a), in the definition of 

‘‘Commercially available off-the-shelf 

item’’, removing from paragraph (1)(A) 

‘‘commercial item’’ and ‘‘ ‘‘commercial 

item’’ ’’ and adding ‘‘commercial 

product’’ and ‘‘ ‘‘commercial product’’ ’’ 

in their places, respectively; and 

■ d. In paragraph (d), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The addition and revision reads as 

follows: 

252.225–7052 Restriction on the 

Acquisition of Certain Magnets, Tantalum, 

and Tungsten. 

As prescribed in 225.7018–5, use the 

following clause: 

Restriction on the Acquisition of 

Certain Magnets, Tantalum, and 

Tungsten (DATE) 

* * * * * 

■ 209. Amend section 252.225–7054 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The revision reads as follows: 

252.225–7054 Prohibition on Use of 

Certain Energy Sourced From Inside the 

Russian Federation. 

* * * * * 

Prohibition on Use of Certain Energy 

Sourced From Inside the Russian 

Federation (DATE) 

* * * * * 

■ 210. Amend section 252.226–7001 

by— 

■ a. Revising the section heading and 

clause date; and 

■ b. In paragraph (f)(3), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revisions read as follows: 

252.226–7001 Utilization of Indian 

Organizations, Indian-Owned Economic 

Enterprises, and Native Hawaiian Small 

Business Concerns. 

* * * * * 

Utilization of Indian Organizations, 

Indian–Owned Economic Enterprises, 

and Native Hawaiian Small Business 

Concerns (DATE) 

* * * * * 

■ 211. Amend section 252.227–7013 

by— 

■ a. Revising the section heading, clause 

heading, and the clause date; 

■ b. In paragraph (b) introductory text, 

removing ‘‘world-wide’’ and ‘‘Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation’’ and adding 

‘‘worldwide’’ and ‘‘Rights in Other Than 

Commercial Computer Software and 

Other Than Commercial Computer 

Software Documentation’’ in their 

places, respectively; 

■ c. In paragraph (f)(2), removing ‘‘to the 

Government purpose rights’’ and 

‘‘Rights in Technical Data— 

Noncommercial Items’’ and adding ‘‘to 

the Government with government 

purpose rights’’ and ‘‘Rights in 

Technical Data—Other Than 

Commercial Products or Commercial 

Services’’ in their places, respectively; 

■ d. In paragraph (f)(3), removing 

‘‘Rights in Technical Data— 

Noncommercial Items’’ and adding 

‘‘Rights in Technical Data—Other Than 

Commercial Products or Commercial 

Services’’ in its place; and 

■ e. In paragraph (k)(2), removing 

‘‘noncommercial items’’, ‘‘commercial 

items’’, and ‘‘commercial item’’ 

wherever they appear and adding ‘‘other 

than commercial products or 

commercial services’’, ‘‘commercial 

products or commercial services’’, and 

‘‘commercial product or commercial 

service’’ in their places, respectively. 

The revisions read as follows: 

252.227–7013 Rights in Technical Data— 

Other Than Commercial Products and 

Commercial Services. 

* * * * * 

Rights in Technical Data—Other Than 

Commercial Products or Commercial 

Services (DATE) 

* * * * * 

■ 212. Amend section 252.227–7014 

by— 

■ a. Revising the section heading, clause 

heading and date, and paragraphs 

(a)(14) and (a)(15) introductory text; 

■ b. In paragraph (b) introductory text, 

removing ‘‘world-wide’’ and 

‘‘noncommercial computer software’’ 

and adding ‘‘worldwide’’ and ‘‘other 

than commercial computer software’’ in 

their places, respectively; 

■ c. In paragraphs (b)(3)(i) and (ii), 

removing ‘‘noncommercial computer 

software’’ and adding ‘‘other than 

commercial computer software’’ in its 

place; 

■ d. Revising paragraph (b)(4)(i); 

■ e. In paragraph (f)(2), removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and adding 

‘‘Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation’’ in its place; 

■ f. In paragraph (f)(3), removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and adding 

‘‘Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation’’ in its place; and 

■ g. In paragraph (k)(1), removing 

‘‘noncommercial computer software’’ 

and adding ‘‘other than commercial 

computer software’’ in its place. 

The revisions read as follows: 

252.227–7014 Rights in Other Than 

Commercial Computer Software and Other 

Than Commercial Computer Software 

Documentation. 

* * * * * 

Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation (DATE) 

(a) * * * 

(14) Other than commercial computer 

software means software that does not 

qualify as commercial computer 

software under the definition of 

‘‘commercial computer software’’ of this 

clause. 

(15) Restricted rights apply only to 

other than commercial computer 

software and mean the Government’s 

rights to— 

* * * * * 

(b) * * * 

(4) * * * 

(i) The standard license rights granted 

to the Government under paragraphs 

(b)(1) through (3) of this clause, 

including the period during which the 

Government shall have government 

purpose rights in computer software, 

may be modified by mutual agreement 

to provide such rights as the parties 

consider appropriate but shall not 

provide the Government lesser rights in 

computer software than are enumerated 


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in the definition of ‘‘restricted rights’’ of 

this clause or lesser rights in computer 

software documentation than are 

enumerated in the definition of ‘‘limited 

rights’’ of the Rights in Technical Data— 

Other Than Commercial Products and 

Services clause of this contract. 

* * * * * 

■ 213. Amend section 252.227–7015 

by— 

■ a. Revising the section heading, clause 

heading, and clause date; 

■ b. In paragraph (a)(1), removing 

‘‘Commercial item’’ and adding 

‘‘Commercial product or commercial 

service’’ in its place; 

■ c. In paragraphs (b)(2)(i) and (ii), 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place; and 

■ d. In paragraph (e)(2), removing 

‘‘commercial items’’ and ‘‘commercial 

item’’ and adding ‘‘commercial products 

or commercial services’’ and 

‘‘commercial product or commercial 

service’’ in their places, respectively. 

The revisions read as follows: 

252.227–7015 Technical Data–Commercial 

Products and Commercial Services. 

* * * * * 

Technical Data—Commercial Products 

and Commercial Services (DATE) 

* * * * * 

■ 214. Amend section 252.227–7016 by 

revising the section heading, clause 

date, and paragraphs (a) and (c)(2) to 

read as follows: 

252.227–7016 Rights in Bid or Proposal 

Information. 

* * * * * 

Rights in Bid or Proposal Information 

(DATE) 

(a) Definitions. 

(1) For contracts that require the 

delivery of technical data, the terms 

‘‘technical data’’ and ‘‘computer 

software’’ are defined in the Rights in 

Technical Data—Other Than 

Commercial Products and Commercial 

Services clause of this contract or, if this 

is a contract awarded under the Small 

Business Innovation Research Program, 

the Rights in Other Than Commercial 

Technical Data and Computer 

Software—Small Business Innovation 

Research (SBIR) Program clause of this 

contract. 

(2) For contracts that do not require 

the delivery of technical data, the term 

‘‘computer software’’ is defined in the 

Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation clause of this contract 

or, if this is a contract awarded under 

the Small Business Innovation Research 

Program, the Rights in Other Than 

Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program 

clause of this contract. 

* * * * * 

(c) * * * 

(2) The Government’s right to use, 

modify, reproduce, release, perform, 

display, or disclose information that is 

technical data or computer software 

required to be delivered under this 

contract are determined by the Rights in 

Technical Data—Other Than 

Commercial Items, Rights in Other Than 

Commercial Computer Software and 

Other Than Commercial Computer 

Software Documentation, or Rights in 

Other Than Commercial Technical Data 

and Computer Software—Small 

Business Innovation Research (SBIR) 

Program clause(s) of this contract. 

* * * * * 

■ 215. Amend section 252.227–7017 by 

revising the section heading, provision 

date, and paragraph (a) to read as 

follows: 

252.227–7017 Identification and Assertion 

of Use, Release, or Disclosure Restrictions. 

* * * * * 

Identification and Assertion of Use, 

Release, or Disclosure Restrictions 

(DATE) 

(a) The terms used in this provision 

are defined in the following clause or 

clauses contained in this solicitation— 

(1) If a successful offeror will be 

required to deliver technical data, the 

Rights in Technical Data—Other Than 

Commercial Products and Commercial 

Services clause, or, if this solicitation 

contemplates a contract under the Small 

Business Innovation Research Program, 

the Rights in Other Than Commercial 

Technical Data and Computer 

Software—Small Business Innovation 

Research (SBIR) Program clause. 

(2) If a successful offeror will not be 

required to deliver technical data, the 

Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation clause, or, if this 

solicitation contemplates a contract 

under the Small Business Innovation 

Research Program, the Rights in Other 

Than Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program 

clause. 

* * * * * 

■ 216. Amend section 252.227–7018 

by— 

■ a. Revising the section heading, clause 

heading, clause date, and paragraphs 

(a)(17) and (a)(18) introductory text; 

■ c. In paragraph (b) introductory text, 

removing ‘‘world-wide’’ and 

‘‘noncommercial computer software’’ 

and adding ‘‘worldwide’’ and ‘‘other 

than commercial computer software’’ in 

their places, respectively; 

■ d. In paragraph (b)(3), removing 

‘‘noncommercial computer software’’ 

and adding ‘‘other than commercial 

computer software’’ in its place; 

■ e. In paragraph (f)(2), removing 

‘‘Rights in Noncommercial Technical 

Data and Computer Software—Small 

Business Innovation Research (SBIR) 

Program’’ and adding ‘‘Rights in Other 

Than Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program’’ in 

its place; 

■ f. In paragraph (f)(3), removing 

‘‘Rights in Noncommercial Technical 

Data and Computer Software—Small 

Business Innovation Research (SBIR) 

Program’’ and adding ‘‘Rights in Other 

Than Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program’’ in 

its place; 

■ g. In paragraph (f)(4): 

■ i. Revising the heading; and 

■ ii. Removing ‘‘Rights in 

Noncommercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program’’ 

and adding ‘‘Rights in Other Than 

Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program’’ in 

its place; and 

■ h. Revising paragraph (k)(2). 

The revisions read as follows: 

252.227–7018 Rights in Other Than 

Commercial Technical Data and Computer 

Software—Small Business Innovation 

Research (SBIR) Program. 

* * * * * 

Rights in Other Than Commercial 

Technical Data and Computer 

Software—Small Business Innovation 

Research (SBIR) Program (DATE) 

(a) * * * 

(17) Other than commercial computer 

software means software that does not 

qualify as commercial computer 

software under the definition of 

‘‘commercial computer software’’ of this 

clause. 

(18) Restricted rights apply only to 

other than commercial computer 

software and mean the Government’s 

rights to— 

* * * * * 

(f) SBIR data rights markings. * * * 

* * * * * 

(k) * * * 

(2) Whenever any other than 

commercial technical data or computer 


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software is to be obtained from a 

subcontractor or supplier for delivery to 

the Government under this contract, the 

Contractor shall use this same clause in 

the subcontract or other contractual 

instrument, and require its 

subcontractors or suppliers to do so, 

without alteration, except to identify the 

parties. The Contractor shall use the 

Technical Data—Commercial Products 

and Commercial Services clause of this 

contract to obtain technical data 

pertaining to commercial products 

including commercial components, 

commercial services, or commercial 

processes. No other clause shall be used 

to enlarge or diminish the 

Government’s, the Contractor’s, or a 

higher tier subcontractor’s or supplier’s 

rights in a subcontractor’s or supplier’s 

technical data or computer software. 

* * * * * 

■ 217. Amend section 252.227–7019 by 

revising the section heading, clause 

date, and paragraph (a)(2) to read as 

follows: 

252.227–7019 Validation of Asserted 

Restrictions—Computer Software. 

* * * * * 

Validation of Asserted Restrictions— 

Computer Software (DATE) 

(a) * * * 

(2) Other terms used in this clause are 

defined in the Rights in Other Than 

Commercial Computer Software and 

Other Than Commercial Computer 

Software Documentation clause of this 

contract. 

* * * * * 

■ 218. Amend section 252.227–7025 

by— 

■ a. Revising the clause date; 

■ b. In paragraph (a)(1), removing 

‘‘Rights in Technical DataNoncommercial Items’’ and adding 

‘‘Rights in Technical Data—Other Than 

Commercial Products and Commercial 

Services’’ in its place; 

■ c. In paragraph (a)(2), removing 

‘‘Rights in Noncommercial Computer 

Software and Noncommercial Computer 

Software Documentation’’ and adding 

‘‘Rights in Other Than Commercial 

Computer Software and Other Than 

Commercial Computer Software 

Documentation’’ in its place; 

■ d. In paragraph (a)(3), removing 

‘‘Rights in Noncommercial Technical 

Data and Computer Software—Small 

Business Innovation Research (SBIR) 

Program’’ and adding ‘‘Rights in Other 

Than Commercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program’’ in 

its place; and 

■ e. In paragraph (b)(4)(i), removing 

‘‘commercial item’’ and ‘‘commercial 

items’’ and adding ‘‘commercial product 

or commercial service’’ and 

‘‘commercial products’’ in their places, 

respectively. 

The revision reads as follows: 

252.227–7025 Limitations on the Use or 

Disclosure of Government-Furnished 

Information Marked with Restrictive 

Legends. 

* * * * * 

Limitations on the Use or Disclosure of 

Government-Furnished Information 

Marked With Restrictive Legends 

(DATE) 

* * * * * 

■ 219. Amend section 252.227–7037 

by— 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘27.7104(e)(5)’’ and adding 

‘‘227.7104(e)(5)’’ in its place; 

■ c. Revising the clause date; 

■ d. In paragraph (a), removing ‘‘Rights 

in Technical Data—Noncommercial 

Items’’ and adding ‘‘Rights in Technical 

Data—Other Than Commercial Products 

and Commercial Services’’ in its place; 

■ e. Revising paragraph (b)(1) heading; 

■ f. In paragraphs (b)(1)(i) and (ii), 

removing ‘‘commercial item’’ and 

adding ‘‘commercial product or 

commercial service’’ in its place; 

■ g. In paragraphs (b)(2)(i)(A) and (B), 

removing ‘‘commercial item’’ and 

adding ‘‘commercial product’’ in its 

place; and 

■ h. In paragraph (l), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The revisions read as follows: 

252.227–7037 Validation of Restrictive 

Markings on Technical Data. 

* * * * * 

Validation of Restrictive Markings on 

Technical Data (DATE) 

* * * * * 

(b) * * * 

(1) Commercial products and 

commercial services. * * * 

* * * * * 

■ 220. Amend section 252.232–7006 

by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (f)(1)(v), removing 

‘‘item’’ wherever it appears. 

The revision reads as follows: 

252.232–7006 Wide Area WorkFlow 

Payment Instructions. 

* * * * * 

Wide Area Workflow Payment 

Instructions (DATE) 

* * * * * 

■ 221. Amend 252.232–7017 by— 

■ a. Revising the date of the clause; and 

■ b. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial products or commercial 

services’’ in its place. 

The revision reads as follows: 

252.232–7017 Accelerating Payments to 

Small Business Subcontractors— 

Prohibition on Fees and Consideration. 

* * * * * 

Accelerating Payments to Small 

Business Subcontractors—Prohibition 

on Fees and Consideration (DATE) 

* * * * * 

■ 222. Amend 252.236–7013 by— 

■ a. Revising the section heading and 

date of the clause; and 

■ b. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The revisions read as follows: 

252.236–7013 Requirement for 

Competition Opportunity for American Steel 

Producers, Fabricators, and Manufacturers. 

* * * * * 

Requirement for Competition 

Opportunity for American Steel 

Producers, Fabricators, and 

Manufacturers (DATE) 

* * * * * 

■ 223. Amend section 252.237–7010 

by— 

■ a. Revising the section heading and 

clause date; and 

■ b. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial services’’ in its place. 

The revisions read as follows: 

252.237–7010 Prohibition on Interrogation 

of Detainees by Contractor Personnel. 

* * * * * 

Prohibition on Interrogation of 

Detainees by Contractor Personnel 

(DATE) 

* * * * * 

■ 224. Amend section 252.237–7019 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (c), removing 

‘‘commercial items’’ and adding 

‘‘commercial services’’ in its place. 

The revision reads as follows: 

252.237–7019 Training for Contractor 

Personnel Interacting With Detainees. 

* * * * * 

Training for Contractor Personnel 

Interacting With Detainees (DATE) 

* * * * * 

■ 225. Amend section 252.239–7010 

by— 

■ a. Revising the section heading and 

clause date; and 


jspears on DSK121TN23PROD with PROPOSALS4
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 15837 

■ b. In paragraph (l), removing 

‘‘commercial items’’ and adding 

‘‘commercial services’’ in its place. 

The revisions read as follows: 

252.239–7010 Cloud Computing Services. 

* * * * * 

Cloud Computing Services (DATE) 

* * * * * 

■ 226. Amend section 252.244–7000 

by— 

■ a. Revising the section heading, clause 

heading, and clause date; and 

■ b. In paragraphs (a), (b), (c)(1) and (2), 

and (d), removing ‘‘commercial items’’ 

and adding ‘‘commercial products or 

commercial services’’ in its place. 

The revisions read as follows: 

252.244–7000 Subcontracts for 

Commercial Products or Commercial 

Services. 

* * * * * 

Subcontracts for Commercial Products 

or Commercial Services (DATE) 

* * * * * 

■ 227. Amend section 252.246–7003 

by— 

■ a. Revising the clause date; and 

■ b. Adding a heading to paragraph (f); 

and 

■ c. In paragraph (f)(2) introductory text, 

removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

The revision and addition read as 

follows: 

252.246–7003 Notification of Potential 

Safety Issues. 

* * * * * 

Notification of Potential Safety Issues 

(DATE) 

* * * * * 

(f) Subcontracts. * * * 

* * * * * 

■ 228. Amend section 252.246–7007 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (e): 

■ i. Adding a heading; and 

■ ii. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place. 

The revision and addition read as 

follows: 

252.246–7007 Contractor Counterfeit 

Electronic Part Detection and Avoidance 

System. 

* * * * * 

Contractor Counterfeit Electronic Part 

Detection and Avoidance System 

(DATE) 

* * * * * 

(e) Subcontracts. * * * 

* * * * * 

■ 229. Amend section 252.246–7008 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (e), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place. 

The revision reads as follows: 

252.246–7008 Sources of Electronic Parts. 

* * * * * 

Sources of Electronic Parts (DATE) 

* * * * * 

■ 230. Amend section 252.247–7003 

by— 

■ a. Revising the clause date; and 

■ b. In paragraph (c): 

■ i. Adding a heading; and 

■ ii. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products or 

commercial services’’ in its place. 

The revision reads as follows: 

252.247–7003 Pass-Through of Motor 

Carrier Fuel Surcharge Adjustment to the 

Cost Bearer. 

* * * * * 

Pass-Through of Motor Carrier Fuel 

Surcharge Adjustment to the Cost 

Bearer (DATE) 

* * * * * 

(c) Subcontracts. * * * 

* * * * * 

■ 231. Amend section 252.247–7023 

by— 

■ a. Revising the section heading, clause 

date, and paragraph (b)(2)(ii)(A); 

■ b. In paragraph (b)(2)(ii)(B) 

introductory text, removing 

‘‘Commercial items’’ and adding 

‘‘Commercial products’’ in its place; 

■ c. In paragraph (i) introductory text: 

■ i. Adding a heading; and 

■ ii. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place; 

■ d. In Alternate I— 

■ i. Revising the clause date and 

paragraph (b)(2)(i); 

■ ii. In paragraph (b)(2)(ii) introductory 

text, removing ‘‘Commercial items’’ and 

adding ‘‘Commercial products’’ in its 

place; 

■ iii. In paragraph (b)(2)(ii)(B), removing 

‘‘commercial items’’ and adding 

‘‘commercial products’’ in its place; and 

■ iv. In paragraph (i) introductory text: 

■ A. Adding a heading; and 

■ B. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place; and 

■ e. In Alternate II— 

■ i. Revising the clause date and 

paragraph (b)(2)(i); 

■ ii. In paragraph (b)(2)(ii) introductory 

text, removing ‘‘Commercial items’’ and 

adding ‘‘Commercial products’’ in its 

place; and 

■ iii. In paragraph (i) introductory text: 

■ A. Adding a heading; and 

■ B. Removing ‘‘commercial items’’ and 

adding ‘‘commercial products’’ in its 

place. 

The revisions read as follows: 

252.247–7023 Transportation of Supplies 

by Sea. 

* * * * * 

Transportation of Supplies by Sea— 

Basic (DATE) 

* * * * * 

(b) * * * 

(2) * * * 

(i) * * * 

(A) Other than commercial products; 

or 

* * * * * 

(i) Subcontracts. * * * 

* * * * * 

Transportation of Supplies by Sea— 

Alternate I (DATE) 

* * * * * 

(b) * * * 

(2) * * * 

(i) Other than commercial products; 

or 

* * * * * 

(i) Subcontracts. * * * 

* * * * * 

Transportation of Supplies by Sea— 

Alternate II (DATE) 

* * * * * 

(b) * * * 

(2) * * * 

(i) Other than commercial products; 

or 

* * * * * 

(i) Subcontracts. * * * 

* * * * * 

[FR Doc. 2022–05536 Filed 3–17–22; 8:45 am] 

BILLING CODE 5001–06–P 


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