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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations and model of the item and adding commercial products, the make and model of the product in its place.
105. Amend section 15.601 by revising the definition of Commercial item offer to read as follows:
15.601

Definitions.

Commercial product or commercial service offer means an offer of a commercial product or commercial service that the vendor wishes to see introduced in the Governments supply system as an alternate or a replacement for an existing supply item. This term does not include innovative or unique configurations or uses of commercial products or commercial services that are being offered for further development and that may be submitted as an unsolicited proposal.

4 The contracting officer may modify the clause by increasing the 10
percent limit on aggregate increases specified in 52.2162c1, upon approval by the chief of the contracting office.
b
6 The contracting officer may modify the clause by increasing the 10
percent limit on aggregate increases specified in 52.2163c1, upon approval by the chief of the contracting office.
c
5 The contracting officer may modify the clause by increasing the 10
percent limit on aggregate increases specified in 52.2164c4, upon approval by the chief of the contracting office.

16.3013

Amended
111. Amend section 16.3013 by removing from paragraph b the term commercial items and adding commercial products and commercial services in its place.

15.603

Amended
106. Amend section 15.603 by removing from paragraph b the term commercial item and adding commercial product or commercial service in its place.

16.307

Amended
112. Amend section 16.307 by removing from paragraph a1 the term commercial item and adding commercial product or commercial service in its place.

PART 16TYPES OF CONTRACTS
107. Amend section 16.001 by adding in alphabetical order the definition of Established price to read as follows:

16.506
16.001

Definitions.

Established price means a price that 1 Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and 2 Is the net price after applying any standard trade discounts offered by the contractor.

16.201

Amended
108. Amend section 16.201 by removing from paragraph a the term commercial items and adding commercial products and commercial services in its place.

16.2022

Amended
109. Amend section 16.2022 by removing from the introductory text the term commercial items and adding commercial products or commercial services in its place.
110. Amend section 16.2034 by adding paragraphs a4, b6, and c5 to read as follows:

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16.2034

Contract clauses.

a

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Amended
113. Amend section 16.506 by removing from paragraph h the words See and commercial items and adding See and commercial products or commercial services in their places, respectively.
114. Amend section 16.601 by a. Removing from paragraph c2ii the term noncommercial items and adding other than commercial products or commercial services in its place;
b. Removing from paragraph c2iv the phrase the definition of commercial item at 2.101 and adding the definition of commercial service in its place;
c. Removing from paragraph d2 the term commercial items and adding commercial products and commercial services in its place; and d. Revising the first sentence of paragraph f1 and revising paragraphs f2 and 3.
The revisions read as follows:

16.601

Time-and-materials contracts.

f 1 The contracting officer shall insert the provision at 52.21629, Time-and-Materials/Labor-Hour
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Proposal RequirementsOther Than Commercial Acquisition With Adequate Price Competition, in solicitations contemplating use of a time-andmaterials or labor-hour type of contract for the acquisition of other than commercial products or commercial services, if the price is expected to be based on adequate price competition.
2 The contracting officer shall insert the provision at 52.21630, Time-andMaterials/Labor-Hour Proposal RequirementsOther Than Commercial Acquisition Without Adequate Price Competition, in solicitations for the acquisition of other than commercial products or commercial services contemplating use of a time-andmaterials or labor-hour type of contract if the price is not expected to be based on adequate price competition.
3 The contracting officer shall insert the provision at 52.21631, Time-andMaterials/Labor-Hour Proposal RequirementsCommercial Acquisition, in solicitations contemplating use of a commercial time-and-materials or labor-hour contract.
PART 18EMERGENCY
ACQUISITIONS
18.201

Amended
115. Amend section 18.201 by removing from paragraph e the term commercial items and adding commercial products and commercial services in its place.
116. Amend section 18.202 by a. Revising the heading for paragraph c;
b. Removing from paragraph c the term commercial items and adding commercial products or commercial services in its place; and c. Removing from paragraph d the term commercial items and adding commercial products and commercial services in its place.
The revision reads as follows:

18.202 Defense or recovery from certain events.

c Commercial product or commercial service treatment.

PART 19SMALL BUSINESS
PROGRAMS
19.304

Amended
117. Amend section 19.304 by removing from paragraph b the term CertificationsCommercial Items and adding CertificationsCommercial

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