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DOD Issues Final Rule on Commercial Item Contracting Amendment

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DOD Issues Final Rule on Commercial Item Contracting Amendment

The U.S. Department of Defense has amended the Defense Federal Acquisition Regulation Supplement to partially implement a portion of the fiscal year 2017 National Defense Authorization Act to limit the inclusion of certain regulations to the acquisition of commercial products and services. 

A notice published in the Federal Register Friday said the final rule identifies specific DFARS contract clauses that should be excluded from contracts and subcontracts for commercial products and services and commercially available off-the-shelf items.

The final rule does not implement the changes in the proposed rule to redefine “subcontract” in DFARS based on the section 874 update.

“DoD agrees that the DFARS definitions of ‘subcontract’ and ‘subcontractor’ should be consistent with the FAR definitions. Therefore, DoD has initiated a separate DFARS Case 2023–D022 to implement the definition of ‘subcontract’ in the DFARS to facilitate alignment with the proposed rule for FAR case 2018–006,” the notice reads.