FAR 44.402 Policy requirements
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 44.402
- Type
- Section
- Last amended
- 86 FR 61017 Effective Dec 6, 2021
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- 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 and subcontractors at all tiers shall, to the maximum extent practicable:
(1) Be required to incorporate commercial products, commercial services, or nondevelopmental items as components of items delivered to the Government; and
(2) Not be required to apply to any of its divisions, subsidiaries, affiliates, subcontractors or suppliers that are furnishing commercial products or commercial services any clause, except those-
(i) Required to implement provisions of law or Executive orders applicable to subcontractors furnishing commercial products or commercial services; or
(ii) Determined to be consistent with customary commercial practice for the item being acquired.
(b) The clause at 52.244-6, Subcontracts for Commercial Products and Commercial Services, 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 products or commercial services.
(c) Agencies may supplement the clause at 52.244-6 only as necessary to reflect agency unique statutes applicable to the acquisition of commercial products and commercial services.
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 | Closed Oct 19, 2026No final rule found |
Sections cited
- FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services
Quick answers
What is FAR 44.402?
FAR 44.402 is a section of the Federal Acquisition Regulation, titled "Policy requirements".
When was FAR 44.402 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Revision of Definition of “Commercial Item”" (86 FR 61017), published Nov 4, 2021 and effective Dec 6, 2021.
Are changes to FAR 44.402 proposed?
One proposed change has no final rule yet.
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