48 CFR 52.244-6 - Subcontracts for Commercial Items.

TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 1 - FEDERAL ACQUISITION REGULATION

SUBCHAPTER H - CLAUSES AND FORMS

PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

52.244 - 6 - Subcontracts for Commercial Items.

As prescribed in 44.403, insert the following clause: Subcontracts for Commercial Items (FEB 2006) (a) Definitions. As used in this clause Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.2198, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.2198 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.22226, Equal Opportunity (MAY 2002) (E.O. 11246).

(iii) 52.22235, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212(a)); (iv) 52.22236, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.22239, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.22239).

(vi) 52.24764, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.24764).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause) [60 FR 48256, Sept. 18, 1995, as amended at 63 FR 9059, Feb. 23, 1998; 63 FR 58603, Oct. 30, 1998; 66 FR 2140, Jan. 10, 2001; 66 FR 53491, Nov.

22, 2001; 67 FR 21539, Apr. 30, 2002; 68 FR 13204, Mar. 18, 2003; 68 FR 28098, May 22, 2003; 69 FR 25280, May 5, 2004; 69 FR 34229, June 18, 2004; 69 FR 76355, Dec. 20, 2004; 71 FR 206, Jan. 3, 2006]