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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
Commercial Products and Commercial Services in its place;
b. Removing from paragraph f noncommercial and adding other than commercial in its place; and c. Removing from paragraph g heading commercial items and adding commercial products and commercial services in its place.
159. Revise the heading of subpart 32.4 to read as follows:
Subpart 32.4 Advance Payments for Other Than Commercial Acquisitions 32.504

Amended
160. Amend section 32.504 by removing from paragraphs a, b, and g the term commercial item and adding commercial product or commercial service in its place.

32.601

Amended
161. Amend section 32.601 by removing from paragraphs b3 and 10 the term commercial item financing and adding financing of commercial products or commercial services in its place.

32.904

Amended
162. Amend section 32.904 by removing from paragraph b1iiB4
the phrase commercial item, including a brand-name commercial item for and adding commercial product or commercial service, including a brandname commercial product for in its place.
Amended
163. Amend section 32.908 by a. Removing from paragraph c introductory text the term Commercial Items and adding Commercial Products and Commercial Services in its place; and b. Removing from paragraph c1 the terms commercial item and commercial item for and adding commercial product or commercial service and commercial product for in their places, respectively.

PART 37SERVICE CONTRACTING
37.601

Amended
166. Amend section 39.203 by revising paragraph d to read as follows:

43.105

39.203

Applicability.

d Commercial products and commercial services. When acquiring commercial products and commercial services, an agency must comply with those ICT accessibility standards that can be met with supplies or services that are available in the commercial marketplace and that best address the agencys needs, but see 39.205a3.

167. Amend section 39.205 by revising paragraphs a3 and c3
introductory text to read as follows:
a
3 Nonavailability of conforming commercial products and commercial services. Where there are no commercial products and commercial services that fully conform to the ICT accessibility standards, the agency shall procure the supplies or service available in the commercial marketplace that best meets the ICT accessibility standards consistent with the agencys needs.

c
3 Nonavailability of conforming commercial products and commercial services. A determination of commercial products and commercial services nonavailability shall include

PART 42CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
42.7091

Amended
168. Amend section 42.7091 by removing from paragraph b the term commercial items and adding commercial products or commercial services in its place.

Amended
PART 38FEDERAL SUPPLY
SCHEDULE CONTRACTING

169. Amend section 42.7097 by removing the text commercial items and adding commercial products or commercial services in its place.

38.101

42.1305

Amended
165. Amend section 38.101 by removing from paragraph a the phrase commercial supplies and services and adding commercial supplies and commercial services in its place.

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Amended
170. Amend section 42.1305 by removing from paragraph c the text modified-commercial items wherever it appears and adding modifiedcommercial products in its place.

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Amended
171. Amend section 43.105 by removing from paragraph c the phrase commercial items, including commercially available off-the-shelf items and adding commercial products, including commercially available off-the-shelf items, and commercial services in its place.

PART 44SUBCONTRACTING
POLICIES AND PROCEDURES
44.000

Amended
172. Amend section 44.000 by removing from paragraph b the term commercial items and adding commercial products or commercial services in its place.

44.302

Exemptions.

42.7097

164. Amend section 37.601 by removing paragraph c.

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PART 43CONTRACT
MODIFICATIONS

39.205

32.908

PART 39ACQUISITION OF
INFORMATION TECHNOLOGY

Amended
173. Amend section 44.302 by removing from paragraph a the terms commercial items and Part 12 and adding commercial products and commercial services and part 12 in their places, respectively.

44.303

Amended
174. Amend section 44.303 by removing from the introductory text the term commercial items and adding commercial products and commercial services in its place.
175. Revise the heading for subpart 44.4 to read as follows:

Subpart 44.4 Subcontracts for Commercial Products and Commercial Services 44.400

Amended
176. Amend section 44.400 by removing the text commercial items or commercial components and adding commercial products, including commercial components, or commercial services in its place.

44.402

Amended
177. Amend section 44.402 by a. Removing from paragraph a1 the words commercial items and adding commercial products, commercial services, in its place;
b. Removing from paragraph a2
introductory text the phrase commercial items or commercial components and adding commercial products or commercial services in its place;
c. Removing from paragraph a2i the phrase executive orders applicable to subcontractors furnishing commercial items or commercial components and adding Executive orders applicable to

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