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FAR and DFARS › FAR Part 44: Subcontracting Policies and Procedures › Subpart 44.4

FAR 44.402 Policy requirements.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section states the Government's policy that contractors and subcontractors at all tiers should, as much as practicable, use commercial products, commercial services, or nondevelopmental items as components of items delivered to the Government. It also limits the clauses that can be imposed on divisions, subsidiaries, affiliates, subcontractors, or suppliers furnishing commercial products or services, and identifies FAR 52.244-6 as the clause that implements this policy in subcontracts.

Applies to: Contractors and subcontractors at all tiers

What it requires

  • To the maximum extent practicable, incorporate commercial products, commercial services, or nondevelopmental items as components of items delivered to the Government
  • Do not require divisions, subsidiaries, affiliates, subcontractors, or suppliers furnishing commercial products or services to apply any clause except those required by law or Executive order, or determined consistent with customary commercial practice

Key terms: commercial products · commercial services · nondevelopmental items · subcontracts · 52.244-6

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Contractors and subcontractors at all tiers shall, to the maximum extent practicable:

(1) Be required to incorporate commercial products, commercial services, or nondevelopmental items as components of items delivered to the Government; and

(2) Not be required to apply to any of its divisions, subsidiaries, affiliates, subcontractors or suppliers that are furnishing commercial products or commercial services any clause, except those—

(i) Required to implement provisions of law or Executive orders applicable to subcontractors furnishing commercial products or commercial services; or

(ii) Determined to be consistent with customary commercial practice for the item being acquired.

(b) The clause at 52.244-6, Subcontracts for Commercial Products and Commercial Services, implements the policy in paragraph (a) of this section. Notwithstanding any other clause in the prime contract, only those clauses identified in the clause at 52.244-6 are required to be in subcontracts for commercial products or commercial services.

(c) Agencies may supplement the clause at 52.244-6 only as necessary to reflect agency unique statutes applicable to the acquisition of commercial products and commercial services.

Sections it refers to

  • 52.244-6 Subcontracts for Commercial Products and Commercial Services.

← 44.401 Applicability. · 44.403 Contract clause. →

Rule changes for FAR Part 44

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 44.402 Policy requirements · SpendQuery