The FAR Case 2007-022 final rule amends the FAR to clarify that the clause "Prospective Subcontractor Requests for Bonds" does not apply to commercial items. This clause, FAR 52.228-12, implemented Section 806(a)(3) of Public Law 102-190, as amended, which required a contractor to provide a copy of the payment bond to a prospective subcontractor or supplier offering to furnish labor or material for the performance of a construction contract for which a payment bond has been furnished to the government pursuant to the Miller Act. This final rule exempts the acquisition of commercial items from the clause's requirement and incorporates the associated statutory citation into FAR 12.503 and FAR 12.504.
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