On November 27, 2019, the Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Regulation Supplement (DFARS) regarding the Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029).
- It implements Section 877 of the National Defense Authorization Act (NDAA) for Fiscal Year 2017, providing for the Treatment of Commingled Items purchased by Contractors under DoD contracts as Commercial Items
- It implements Section 878 of the NDAA for Fiscal Year 2017 by providing for the Treatment of Services Provided by Nontraditional Contractors as Commercial Items; and
- It further implements Section 848 of the NDAA for Fiscal Year 2018, which provides that a contract for an item using FAR part 12 procedures shall serve as a prior commercial item determination. The proposed rule would apply only to DoD acquisitions.
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