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DoD Proposes Simplified Prescriptions for Commercial Items Clauses

A proposed rule issued by the Department of Defense would amend the Defense Federal Acquisition Regulation Supplement to simplify prescriptions for provisions and clauses that apply to the acquisition of commercial items and to specify flowdown of clauses to commercial subcontracts. DoD is proposing the changes to support the use of automated contract writing systems. DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, requires the contracting officer to "check a box" to identify the clauses that apply to each commercial item acquisition, but this requirement is not compatible with most automated contract writing systems.

Frequent Updates Addressed

Further, Section 8002 of the Federal Acquisition Streamlining Act of 1994 (PL 103-355) requires the regulations to contain a list of contract clauses to be included in contracts for the acquisition of commercial end items. Each time a clause is added, DoD must consider whether the clause will apply to commercial items, but since the law does not require the list to be in the form of a clause, the clause dates for each applicable clause must be revised every time a clause on the list is modified. Similarly, the lists of clauses that require flowdown to commercial subcontracts (see DFARS 252.212-7001 and DFARS 252.244-7000) also require updating every time a clause on the list is modified.

Extensive Changes

The rule proposes changes to 55 DFARS sections. DFARS 212.301 (f) would be revised to provide a single list of all 58 provisions and clauses that currently apply to DoD solicitations and contracts for the acquisition of commercial items. If a provision or clause is included to implement statutes or executive orders, the particular statute or executive order is identified following the location of the prescription for each provision or clause. The rule also proposed to revise the prescriptions for each of the 58 provisions and clauses, including alternates. A full listing of the affected DFARS sections appears in the regulation table below. Comments referencing DFARS Case 2011-D056 are due June 4, 2012. For the text of the proposed rule, see 70,020.320.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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