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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations subcontractors furnishing commercial products or commercial services in its place;
d. Removing from paragraph b the terms Commercial Items and commercial items or commercial components and adding Commercial Products and Commercial Services and commercial products or commercial services in their places, respectively;
and e. Removing from paragraph c the words commercial items and adding commercial products and commercial services in its place.
44.403

Amended
178. Amend section 44.403 by removing the terms Commercial Items and commercial items and adding Commercial Products and Commercial Services and commercial products or commercial services in their places, respectively.

PART 46QUALITY ASSURANCE
46.102

Amended
179. Amend section 46.102 by a. Removing from paragraph b the phrase services tendered and adding services including commercial services tendered in its place; and b. Removing from paragraph f the phrases commercial items shall and commercial item and adding commercial products and commercial product in their places, respectively.
180. Revise section 46.2021 to read as follows:

46.2021 Contracts for commercial products and commercial services.

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When acquiring commercial products see part 12, the Government shall rely on contractors existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired include in-process inspection. Any inprocess inspection by the Government shall be conducted in a manner consistent with commercial practice.
The Government shall rely on the contractor to accomplish all inspection and testing needed to ensure that commercial services acquired conform to contract requirements before they are tendered to the Government.
46.317

Amended
181. Amend section 46.317 by removing from paragraph b1 the term Commercial items and adding Commercial products and commercial services in its place.

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182. Amend section 46.706 by a. Removing from paragraph b1iii the term commercial items and adding commercial products and commercial services in its place; and b. Revising paragraph b5.
The revision reads as follows:

46.706

Warranty terms and conditions.

b
5 Markings. i The packaging and preservation requirements of the contract shall require the contractor to stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. The purpose of the markings or notice is to inform Government personnel who store, stock, or use the supplies that the supplies are under warranty. Markings may be brief but should include A A brief statement that a warranty exists;
B The substance of the warranty;
C Its duration; and D Who to notify if the supplies are found to be defective.
ii For commercial products see 46.709, the contractors trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

183. Amend section 46.709 by:
a. Revising the section heading; and b. Removing the term commercial items and adding commercial products and commercial services in its place.
The revision reads as follows:
46.709 Warranties of commercial products and commercial services.

46.710

Amended
184. Amend section 46.710 by removing from the introductory text the term commercial items and adding commercial products and commercial services in its place.
185. Amend section 46.801 by revising paragraph a to read as follows:

46.801

Applicability.

a This subpart does not apply to commercial products and commercial services. This subpart applies to contracts other than those for 1 Information technology, including telecommunications;
2 Construction;
3 Architect-engineer services; and 4 Maintenance and rehabilitation of real property.

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PART 47TRANSPORTATION
47.405

Amended
186. Amend section 47.405 by removing the quote marks in the first sentence, and by removing in the second sentence commercial items and adding commercial products in its place.

47.504

Amended
187. Amend section 47.504 by:
a. In paragraph d introductory text, removing the phrase commercial items or commercial components and adding commercial products, including commercial components, or commercial services in its place; and b. In paragraph d4 introductory text, removing the term commercial items and adding commercial products in its place.

47.507

Amended
188. Amend section 47.507 by removing from paragraph a3 the terms Alternate II and commercial items and adding Alternate II and commercial products in their places, respectively.

PART 49TERMINATION OF
CONTRACTS
49.002

Amended
189. Amend section 49.002 in paragraph a2 by:
a. Removing the term commercial item and adding in its place commercial product and commercial service;
b. Removing the term commercial items wherever it appears and adding in its place commercial products and commercial services; and c. Removing the term Commercial Items and adding Commercial Products and Commercial Services in its place.

49.501

Amended
190. Amend section 49.501 by removing the text Commercial Items and adding Commercial Products and Commercial Services in its place.

PART 52SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
191. Amend section 52.2036 by:
a. Revising the date of Alternate I; and b. Removing from paragraph b of Alternate I the terms commercial items and commercial items and adding commercial products or commercial services and commercial products and commercial services in their places, respectively.
The revision reads as follows:

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