Federal Register - November 4, 2021
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Source: Federal Register
61020
3.404
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
Amended
4.1202
7. Amend section 3.404 by removing commercial items and adding commercial products or commercial services in its place.
8. Amend section 3.5022 by revising paragraph i introductory text to read as follows:
3.5022
Subcontractor kickbacks.
4.1902
3.5023
5.202
Amended
17. Amend section 4.1902 by removing the text commercial items and adding commercial products or commercial services, in its place.
PART 5PUBLICIZING CONTRACT
ACTIONS
3.5032
5.203
Amended
18. Amend section 5.202 by removing from paragraph a10 commercial items and adding commercial products in its place.
Amended
10. Amend section 3.5032 by removing commercial items and adding commercial products or commercial services in its place.
3.1004
Amended
9. Amend section 3.5023 by removing commercial items and adding commercial products or commercial services in its place.
Amended
19. Amend section 5.203 by removing from paragraphs a introductory text, b, and c the term commercial items and adding commercial products or commercial services in their places, respectively.
Amended
11. Amend section 3.1004 by removing from paragraph b1
commercial item and FAR 52.203
14 and adding commercial product or commercial service and 52.20314
in their places, respectively.
PART 6COMPETITION
REQUIREMENTS
6.001
Amended
PART 4ADMINISTRATIVE AND
INFORMATION MATTERS
20. Amend section 6.001 by removing from paragraph a commercial items and adding commercial products or commercial services in its place.
4.203
6.3025
Amended
12. Amend section 4.203 by removing from paragraph a the term Commercial Items and adding the term Commercial Products and Commercial Services in its place.
4.605
Amended
13. Amend section 4.605 by removing from paragraph b the term Commercial Items and adding the term Commercial Products and Commercial Services in its place.
4.1103
Amended
14. Amend section 4.1103 by removing from paragraph a3 the term Commercial Items and adding the term Commercial Products and Commercial Services in its place.
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16. Amend section 4.1202 by removing from paragraph a introductory text the terms commercial item solicitations and FAR part 12
and adding the terms solicitations for commercial products or commercial services and part 12 in their places, respectively.
i Requires each contracting agency to include in each prime contract, other than for commercial products or commercial services, exceeding $150,000, a requirement that the prime contractor shall
Amended
4.1201
Amended
15. Amend section 4.1201 by removing from paragraph d the term commercial items and adding the term commercial products or commercial services in its place.
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Amended
21. Amend section 6.3025 by:
a. Removing from paragraph a2ii commercial item and adding commercial product in its place; and b. Removing from paragraph c3
brand-name commercial items and adding brand name commercial products in its place.
22. Amend section 6.502 by a. Revising paragraph a;
b. Removing from paragraph b1i the term commercial items and adding commercial products and commercial services in its place;
c. Removing from paragraph b1iv the term commercial items or and adding commercial products or commercial services or unnecessarily restricting in its place;
d. Removing from paragraph b2ii the term commercial items and adding commercial products and commercial services in its place; and e. Removing from paragraphs b2v and vi the term commercial items
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and adding commercial products, commercial services, in its place.
The revision reads as follows:
6.502
Duties and responsibilities.
a Agency and procuring activity advocates for competition are responsible for 1 Promoting the acquisition of commercial products and commercial services;
2 Promoting full and open competition;
3 Challenging requirements that are not stated in terms of functions to be performed, performance required, or essential physical characteristics;
4 Challenging barriers to the acquisition of commercial products and commercial services; and 5 Challenging barriers to full and open competition such as unnecessarily restrictive statements of work, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.
PART 7ACQUISITION PLANNING
7.102
Amended
23. Amend section 7.102 by removing from paragraph a1 the phrase commercial items or, to the extent that commercial items suitable and adding commercial products or commercial services, or to the extent that commercial products suitable in its place.
7.103
Amended
24. Amend section 7.103 by removing from paragraph b the phrase commercial items, or to the extent that commercial items suitable and adding commercial products or commercial services, or to the extent that commercial products suitable in its place.
7.105
Amended
25. Amend section 7.105 by removing from paragraph b14i the term commercial items and adding commercial products or commercial services in its place.
PART 8REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.402
Amended
26. Amend section 8.402 by a. Removing from paragraph a the term commercial supplies and services and adding commercial supplies and commercial services in its place; and b. Removing from paragraph f1 the phrase commercial items part 12,
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