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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
commercial products, commercial services, in its place.
12.102

Amended
44. Amend section 12.102 by a. Removing from paragraph a the phrase the definition of commercial items and adding the definitions of commercial product or commercial service in its place;
b. Removing from paragraph c the term commercial items wherever it appears and adding commercial products or commercial services in its place;
c. Removing from paragraph d the phrase commercial item in section 2.101 and adding commercial product in its place;
d. Removing from paragraphs e and f1 the term commercial items and adding commercial products or commercial services in its place;
e. In paragraph f2 introductory text:
i. Removing the term for an item and adding for a product in its place;
and ii. Removing the term commercial item wherever it appears and adding commercial product or commercial service in its place;
f. Removing from paragraph f2i see Subpart 30.2 and adding see subpart 30.2 in its place; and g. Removing paragraph g.

12.103

ii. Removing in the second sentence the terms commercial item and type of product or service and adding commercial product or commercial service and type of commercial product or commercial service in their places, respectively.

Amended
45. Amend section 12.103 by removing the text commercial items and 12.504; and adding commercial products and 12.504. in their places, respectively.
46. Revise the heading of subpart 12.2
to read as follows:

12.203

Amended
49. Amend section 12.203 in paragraph a by:
a. In the first sentence, removing the term commercial items and adding in its place the phrase commercial products and commercial services; and b. In the second and third sentences, removing the term commercial items wherever it appears and adding in its place the phrase commercial products or commercial services.
50. Amend section 12.204 by revising paragraph a to read as follows:
Solicitation/contract form.

a1 The contracting officer shall use the Standard Form 1449, Solicitation/
Contract/Order for Commercial Products and Commercial Services, if i The acquisition is expected to exceed the simplified acquisition threshold;
ii A paper solicitation or contract is being issued; and iii Procedures at 12.603 are not being used.
2 Use of the SF 1449 is nonmandatory but encouraged for commercial acquisitions not exceeding the simplified acquisition threshold.

12.205

Amended
51. Amend section 12.205 by a. In paragraph a:
i. In the first sentence, removing the word product; and ii. In the second sentence, removing the phrase product literature from offerors of commercial items and adding product or service literature from offerors of commercial products or commercial services in its place;
b. In paragraph b:
i. In the first sentence, removing the phrases more than one product and commercial items and adding multiple offers and commercial products or commercial services in their places, respectively; and ii. In the second sentence, removing the phrase product as a separate offer and adding offer separately in its place; and c. Removing from paragraph c the words commercial items and adding commercial products or commercial services in their place.

Subpart 12.2Special Requirements for the Acquisition of Commercial Products and Commercial Services 12.201

Amended
47. Amend section 12.201 by removing commercial items wherever it appears and adding commercial products and commercial services in its place.

12.202

Amended
48. Amend section 12.202 by a. Removing from paragraph a the term commercial items and adding commercial products and commercial services in its place; and b. In paragraph b:
i. Removing in the first sentence the terms commercial items and products or services and adding commercial products or commercial services and products or commercial services in their places, respectively;
and
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Amended
52. Amend section 12.206 by removing the text commercial items and adding commercial products and commercial services in its place.

12.207

Amended
53. Amend section 12.207 by removing from paragraphs a and e the words commercial items and adding commercial products or commercial services in their places.
54. Revise section 12.208 to read as follows:

12.204

12.206

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12.208

Contract quality assurance.

Contracts for commercial products 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.
12.209

Amended
55. Amend section 12.209 by removing the words commercial items and Commercial item and adding commercial products and commercial services and Commercial product and commercial service in their places, respectively.

12.210

Amended
56. Amend section 12.210 by removing the text commercial items and adding commercial products and commercial services in its place.

12.211

Amended
57. Amend section 12.211 by:
a. Removing the text commercial item and adding commercial product in its place; and b. Removing the text commercial items wherever it appears and adding commercial products in its place.

12.214

Amended
58. Amend section 12.214 by a. Removing from the first sentence commercial items and adding commercial products or commercial services in its place;
b. Removing from the second sentence See 48 CFR 30.2011 and commercial items and adding See 30.2011 and commercial products or

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