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15.401

Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations Amended
97. Amend section 15.401 in the definition of Subcontract by removing the terms commercial items and 41
U.S.C. 3501a3 and adding commercial products or commercial services and 41 U.S.C. 3501a2 in their places, respectively.
98. Amend section 15.4031 by a. In paragraph b3, removing the terms commercial item and subsection and adding commercial product or commercial service and section in their places, respectively;
b. In paragraph b5, removing the terms commercial items and subsection and adding commercial products or commercial services and section in their places, respectively;
c. Revising the heading of paragraph c3 and revising paragraph c3i;
d. Removing from paragraphs c3iiA and B the term commercial items and adding commercial services in their places, respectively;
e. Revising paragraph c3iii introductory text;
f. Removing from paragraphs c3iiiA, B, and C the text commercial item and adding commercial product in their places, respectively; and g. Removing from paragraph c3iv the phrase for noncommercial supplies or services treated as commercial items and adding for other than commercial products or services treated as commercial products or commercial services in its place.
The revisions read as follows:

15.4031 Prohibition on obtaining certified cost or pricing data 10 U.S.C. 2306a and 41
U.S.C. chapter 35.

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c
3 Commercial products and commercial services. i Any acquisition that the contracting officer determines meets the commercial product or commercial service definition in 2.101, or any modification, as defined in paragraph 3i of the commercial product definition, that does not change a commercial product to other than commercial, is exempt from the requirement for certified cost or pricing data. If the contracting officer determines that a product or service claimed to be commercial is not, and that no other exception or waiver applies e.g., the acquisition is not based on adequate price competition; the acquisition is not based on prices set by law or regulation; and the acquisition exceeds the threshold for the submission of certified cost or pricing data at 15.4034a1, the contracting
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officer shall require submission of certified cost or pricing data.

iii The following requirements apply to minor modifications defined in paragraph 3ii of the definition of a commercial product at 2.101 that do not change the commercial product to other than commercial:

15.4033

Amended
99. Amend section 15.4033 by a. Revising the heading of paragraph c;
b. Removing from paragraph c1 the term commercial item and adding commercial product or commercial service in its place;
c. Removing from the heading of paragraph c2 the term commercial items and adding commercial products or commercial services in its place; and d. Removing from paragraphs c2i, ii, and iii the term commercial items and adding commercial products or commercial services in its place.
The revision reads as follows:

15.4033 Requiring data other than certified cost or pricing data.

c Commercial products and commercial services.

100. Amend section 15.4041 by a. Removing from paragraph a4 the phrase for commercial or noncommercial items;
b. Revising the heading of paragraph b;
c. Removing from the last sentence in paragraph b1 the word item;
d. Removing from paragraph b2ii introductory text the phrase commercial items including those of a type or requiring minor modifications and adding commercial products or commercial services including those of a type or when requiring minor modifications for commercial products in its place;
e. Removing from paragraphs b2iiC and e3 the phrase commercial items that are of a type or requiring minor modifications and adding commercial products or commercial services that are of a type, or requiring minor modifications for commercial products in its place; and f. Removing from paragraph f2 the term commercial items and adding commercial products in its place.
The revision reads as follows:
15.4041

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Proposal analysis techniques.

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b Price analysis.

15.4042

Amended
101. Amend section 15.4042 in paragraph a2iiiE by removing the term for an item and adding its place the term for a product or service and removing the term commercial item and adding in its place the phrase commercial product or commercial service.

15.4072

Amended
102. Amend section 15.4072 by removing from paragraph e1 the text commercial items and adding commercial products, commercial services in its place.

15.408

Amended
103. Amend section 15.408 by a. Removing from paragraph f1v the text commercial items and adding commercial products and commercial services in its place;
b. Removing from paragraphs n2iB2iii, iv, and vi the term commercial item and adding commercial product or commercial service in its place; and c. In table 152:
i. Revising the section I heading;
ii. Revising the section II heading;
iii. In paragraph IIA2, in the second sentence, removing the term commercial items and adding commercial products or commercial services in its place;
iv. In paragraph IIA2, in the ninth sentence, removing the term commercial items and adding commercial products in its place; and v. Revising the section III heading.
The revisions read as follows:

15.408 Solicitation provisions and contract clauses.

Table 152Instructions for Submitting Cost/Price Proposals When Certified Cost or Pricing Data Are Required

I. General Instructions

II. Cost Elements

III. Formats for Submission of Line Item Summaries

15.506

Amended
104. Amend section 15.506 by removing from paragraph d5 the phrase commercial items, the make

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