Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 37, 38, 39, 42, 43, 44, 46, 47, 49, 52, and 53
as set forth below:
1. The authority citation for 48 CFR
parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 37, 38, 39, 42, 43, 44, 46, 47, 49, 52, and 53 continues to read as follows:
Authority: 40 U.S.C. 121c; 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.

PART 1FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.102

Amended
2. Amend section 1.102 by removing from paragraph b1i the phrase commercial products and services;
and adding the phrase commercial products and commercial services; in its place.

1.1022

Amended
3. Amend section 1.1022 by removing from paragraph a4 the phrase commercial products and services and adding the phrase commercial products and commercial services in its place.

PART 2DEFINITIONS OF WORDS
AND TERMS
4. Amend section 2.101 in paragraph b2 by a. In the defined term Biobased product, removing the phrase commercial or industrial product and adding the phrase commercial product or industrial product in its place;
b. In the defined term Commercial component, removing the words commercial item and adding the words commercial product in its place;
c. In the defined term Commercial computer software, removing the words commercial item and adding the words commercial product or commercial service in its place.
d. Removing the defined term Commercial item;
e. Adding the defined terms Commercial product and Commercial service in alphabetical order; and f. In the defined term Commercially available off-the-shelf COTS item, removing from paragraph 1i commercial item and definition in this section and adding commercial product and definition of commercial product in this section in their places, respectively.
The additions read as follows:

lotter on DSK11XQN23PROD with RULES2

2.101

Definitions.

VerDate Sep<11>2014

20:16 Nov 03, 2021

Jkt 256001

b
2
Commercial product means 1 A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and i Has been sold, leased, or licensed to the general public; or ii Has been offered for sale, lease, or license to the general public;
2 A product that evolved from a product described in paragraph 1 of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;
3 A product that would satisfy a criterion expressed in paragraph 1 or 2 of this definition, except for i Modifications of a type customarily available in the commercial marketplace; or ii Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;
4 Any combination of products meeting the requirements of paragraph 1, 2, or 3 of this definition that are of a type customarily combined and sold in combination to the general public;
5 A product, or combination of products, referred to in paragraphs 1
through 4 of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or 6 A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
Commercial service means 1 Installation services, maintenance services, repair services, training services, and other services if
PO 00000

Frm 00005

Fmt 4701

Sfmt 4700

61019

i Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and ii The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
2 Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services i Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and ii Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or 3 A service referred to in paragraph 1 or 2 of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

PART 3IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
3.1041

Amended
5. In section 3.1041 amend the definition of Contractor bid or proposal information in paragraph 1 by removing 10 U.S.C. 2306ah and adding in its place 10 U.S.C.
2306ah1 and removing 41 U.S.C.
3501a2 and adding 41 U.S.C.
3501a1 in its place.
6. Amend section 3.1049 by revising the introductory text to read as follows:

3.1049

Contract clauses.

In solicitations and contracts that exceed the simplified acquisition threshold, other than those for commercial products or commercial services, insert the clauses at

E:FRFM04NOR2.SGM

04NOR2