---
kind: "section"
citation: "48 C.F.R. § 44.402"
title: "48"
number: "44.402"
heading: "Policy requirements."
url: "https://uscodex.org/cfr/48/44.402"
---

# §44.402. Policy requirements.

- (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)](#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.

## Notes

### Amendments

[60 FR 48249, Sept. 18, 1995, as amended at 75 FR 32479, June 16, 2010; 76 FR 14565, Mar. 16, 2011; 79 FR 24214, Apr. 29, 2014; 86 FR 61030, Nov. 4, 2021]

### Source

Source: 60 FR 48249, Sept. 18, 1995, unless otherwise noted.

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42388, Sept. 19, 1983, unless otherwise noted.

### Amendments

[60 FR 48249, Sept. 18, 1995, as amended at 75 FR 32479, June 16, 2010; 76 FR 14565, Mar. 16, 2011; 79 FR 24214, Apr. 29, 2014; 86 FR 61030, Nov. 4, 2021]