44.403
Contract clause
Contracting officers must include FAR clause 52.244-6 in all non-commercial contracts to ensure proper flow-down of requirements to commercial subcontracts.
Overview
FAR 44.403 requires contracting officers to include the clause at 52.244-6, "Subcontracts for Commercial Products and Commercial Services," in solicitations and contracts that are not themselves for commercial products or commercial services. This ensures that certain requirements and flow-down provisions apply to subcontractors providing commercial items, even when the prime contract is for non-commercial items or services. The regulation is designed to maintain consistency and compliance with federal acquisition policies regarding commercial subcontracts.
Key Rules
- Clause Inclusion Requirement
- Contracting officers must insert FAR clause 52.244-6 in all applicable solicitations and contracts.
- Scope Limitation
- The requirement applies only to contracts that are not for commercial products or commercial services themselves.
Responsibilities
- Contracting Officers: Must ensure the correct clause is included in all relevant solicitations and contracts.
- Contractors: Must comply with the requirements of clause 52.244-6 when subcontracting for commercial products or services.
- Agencies: Should oversee compliance with clause inclusion and flow-down requirements.
Practical Implications
- This section ensures that federal requirements for commercial subcontracts are consistently applied, even in non-commercial prime contracts.
- Contractors must be aware of the flow-down requirements and ensure their subcontracts comply.
- Omitting the clause can lead to compliance issues and potential contract disputes.