§ 252.244-7000 - Subcontracts for Commercial Products or Commercial Services.

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

As prescribed in 244.403, use the following clause:

Subcontracts for Commercial Products or Commercial Services (

JAN

NOV 2023)

(a) The Contractor is not required to flow down shall not include the terms of any Federal Acquisition Regulation (FAR) clause or Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial products or commercial services at any tier under this contract, unless unless—

(1) For DFARS clauses, it is so specified in the particular clause. ; or

(b) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligation. (c)(1) 2) For FAR clauses, the clause is listed at FAR 12.301(d) or it is so specified in paragraph (e)(1) of the clause at FAR 52.212–5 or paragraph (b)(1) of the clause at FAR 52.244–6, as applicable. (Section 847(b)(1)(B), Pub. L. 114–328)

(b)(1) In accordance with 10 U.S.C. 3457(c), the Contractor shall treat as commercial products or commercial services any items valued at less than $10,000 per item that were purchased by the Contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract when purchased.

(2) The Contractor shall ensure that any items to be used in performance of this contract, that are treated as commercial products or commercial services pursuant to paragraph (cb)(1) of this clause, meet all terms and conditions of this contract that are applicable to commercial products or commercial services in accordance with the clause at Federal Acquisition Regulation FAR 52.244–6 and paragraph (a) of this clause.

(dc) Subcontracts. The Contractor shall include the terms of this clause, including this paragraph (dc), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

[78 FR 37991, June 25, 2013, as amended at 85 FR 60921, Sept. 29, 2020; 85 FR 65734, Oct. 16, 2020; 86 FR 3836, Jan. 15, 2021; 87 FR 76998, Dec. 16, 2022; 88 FR 6596, Jan. 3188 FR 80465, Nov. 17, 2023]