DFARS 244.402 Policy requirements

Section Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 244.402
Type
Section
Supplements
FAR 44.402 Policy requirements
Last amended
88 FR 6578 Effective Jan 31, 2023
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(a) Contractors are required to determine whether a particular subcontract item meets the definition of a commercial product or commercial service. This requirement does not affect the contracting officer’s responsibilities or determinations made under FAR 15.403-1(c)(3). Contractors are expected to exercise reasonable business judgment in making such determinations, consistent with the guidelines for conducting market research in FAR Part 10.

(S-70) In accordance with 10 U.S.C. 3457(c) , items that are valued at less than $10,000 per item that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract when purchased shall be treated as commercial products, even though the items may not meet the definition of “commercial product” at FAR 2.101 and do not require a commercial product determination.

Federal Register history

Quick answers

What is DFARS 244.402?

DFARS 244.402 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Policy requirements".

When was DFARS 244.402 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066)" (88 FR 6578), published Jan 31, 2023 and effective Jan 31, 2023.

Are changes to DFARS 244.402 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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