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Overview

This section mandates the inclusion of FAR clause 52.244-6 in solicitations and contracts that are not for the acquisition of commercial products or commercial services.

Key Rules

  • Mandatory Insertion: The Contracting Officer is required to insert clause 52.244-6 in all non-commercial solicitations and contracts.
  • Exclusion: This requirement does not apply to contracts that are already designated for commercial products or commercial services.
  • Scope of Referenced Clause: The clause (52.244-6) governs how prime contractors should handle subcontracts for commercial items, specifically identifying which FAR clauses must be flowed down to those subcontractors.

Practical Implications

  • Flow-down Efficiency: It simplifies the subcontracting process for prime contractors by limiting the number of complex government-unique clauses they must impose on commercial subcontractors.
  • Commercial Integration: This rule ensures that even in traditional "non-commercial" government projects, commercial providers can participate as subcontractors without being subject to the full weight of standard federal procurement regulations.

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