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DOD Issues Proposed Rule on Data Requirements for Commercial Products Related to Major Weapon Systems

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DOD Issues Proposed Rule on Data Requirements for Commercial Products Related to Major Weapon Systems

The Department of Defense has begun soliciting comments on a proposed rule that seeks to establish data requirements for vendors to facilitate the determination of price reasonableness and commerciality for certain procurements related to major weapon systems.

The proposed rule intends to amend the Defense Federal Acquisition Regulation Supplement to implement section 803 of the fiscal year 2023 National Defense Authorization Act, according to a Federal Register notice published Friday.

Section 803 clarifies the data a contractor is required to provide when a component or a subsystem of a major weapons platform is proposed as a commercial product.

According to the notice, the proposed rule would provide the vendor the flexibility to either submit the data or give the contracting officer data access and to redact certain client information.

“This proposed rule is expected to result in the timely submission of data, which may decrease the time it takes for a contracting officer to determine a product to be commercial, to determine price reasonableness, and to award the contract,” the notice reads.

Comments are due Feb. 20.