44.401
Applicability
FAR 44.401 makes Subpart 44.4's requirements applicable to all contracts and subcontracts for commercial products and services, using the FAR Part 12 definition of "subcontract."
Overview
FAR 44.401 establishes the applicability of Subpart 44.4, clarifying that its requirements cover all contracts and subcontracts related to commercial products and commercial services. It also specifies that the definition of "subcontract" used throughout this subpart aligns with the definition provided in FAR Part 12, which governs the acquisition of commercial items. This ensures consistency in interpretation and application across different contract types and levels within the supply chain.
Key Rules
- Universal Applicability
- The subpart applies to all contracts and subcontracts involving commercial products and services.
- Definition Consistency
- The term "subcontract" is defined as in FAR Part 12, ensuring uniform understanding across related regulations.
Responsibilities
- Contracting Officers: Must apply the requirements of Subpart 44.4 to all relevant contracts and subcontracts, using the FAR Part 12 definition of "subcontract."
- Contractors: Should ensure that their subcontracts for commercial products and services comply with the requirements of this subpart.
- Agencies: Should provide oversight to confirm that the correct definition and scope are applied in contract administration.
Practical Implications
- This section exists to clarify the scope and ensure consistent application of rules for subcontracts involving commercial products and services.
- It impacts daily contracting by requiring all parties to use the same definition of "subcontract," reducing ambiguity and compliance risk.
- A common pitfall is misapplying definitions or overlooking the broad applicability of the subpart to all relevant contracts and subcontracts.