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<br />002117 <br /> <br />BOTH CONTRACTOR AND SUBCONTRACTORS <br /> <br />52.202-1 Definitions. (Dec 200 I) <br /> <br />( <br /> <br />(a) "Agency head" or "head of the agency" means the Secretary (Attorney General, <br />Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, <br />unless otherwise indicated, including any deputy or assistant chief official of the executive <br />agency. <br />(b) "Commercial component" means any component that is a commercial item. <br />(c) "Commercial item" means- <br />(1) Any item, other than real property, that is of a type customarily used by the general <br />public or by non-governmental entities for purposes other than governmental purposes, <br />and that- <br />(i) Has been sold, leased, or licensed to the general public; or <br />(ii) Has been offered for sale, lease, or license to the general public; <br />(2) Any item that evolved from an item described in paragraph (c)(I) of this clause <br />through advances in technology or performance and that is not yet available in the <br />commercial marketplace, but will be available in the commercial marketplace in time to <br />satisfY the delivery requirements under a Government solicitation; <br />(3) Any item that would satisfY a criterion expressed in paragraphs (c)(I) or (c)(2) of this <br />clause, but for- <br />(i) Modifications of a type customarily available in the commercial marketplace; <br />or <br />(ii) Minor modifications of a type not customarily available in the commercial <br />marketplace made to meet Federal Government requirements. "Minor" <br />modifications means modifications that do not significantly alter the <br />nongovernmental function or essential physical characteristics of an item or <br />component, or change the purpose of a process. Factors to be considered in <br />determining whether a modification is minor include the value and size of the <br />modification and the comparative value and size of the final product. Dollar <br />values and percentages may be used as guideposts, but are not conclusive <br />evidence that a modification is minor; <br />(4) Any combination of items meeting the requirements of paragraphs (c)(l), (2), (3), or <br />(5) of this clause that are of a type customarily combined and sold in combination to the <br />general public; <br />(5) Installation services, maintenance services, repair services, training services, and other <br />services if- <br />(i) Such services are procured for support of an item referred to in paragraph <br />(c)(l), (2), (3), or (4) of this definition, regardless of whether such services are <br />provided by the same source or at the same time as the item; and <br />(ii) The source of such services provides similar services contemporaneously to <br />the general public under terms and conditions similar to those offered to the <br /> <br />33 <br />