# Subpart 44.4 - Subcontracts for Commercial Items and Commercial Components

## 44.400 Scope of subpart.

This subpart prescribes the policies limiting the contract clauses a contractor may be required to apply to any subcontractors that are furnishing commercial items or commercial components in accordance with 41 U.S.C. 3307.

## 44.401 Applicability.

This subpart applies to all contracts and subcontracts. For the purpose of this subpart, the term “subcontract” has the same meaning as defined in part 12 .

## 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.

## 44.403 Contract clause.

The contracting officer shall insert the clause at 52.244-6, Subcontracts for Commercial Items, in solicitations and contracts other than those for commercial items.