# 44.402 Policy requirements.

1. (a) Contractors and subcontractors at all tiers shall, to the maximum extent practicable:

   1. (1) Be required to incorporate commercial items or nondevelopmental items as components of items delivered to the Government; and

   2. (2) Not be required to apply to any of its divisions, subsidiaries, affiliates, subcontractors or suppliers that are furnishing commercial items or commercial components any clause, except those-

      1. (i) Required to implement provisions of law or executive orders applicable to subcontractors furnishing commercial items or commercial components; or

      2. (ii) Determined to be consistent with customary commercial practice for the item being acquired.

2. (b) The clause at 52.244-6, Subcontracts for Commercial Items, implements the policy in paragraph (a) of this section. Notwithstanding any other clause in the prime contract, only those clauses identified in the clause at 52.244-6 are required to be in subcontracts for commercial items or commercial components.

3. (c) Agencies may supplement the clause at 52.244-6 only as necessary to reflect agency unique statutes applicable to the acquisition of commercial items.