[This article was originally published in Law360 and has been modified for the blog.]
Over the summer, pursuant to Section 874 of the FY 2017 National Defense Authorization Act (“NDAA”), the Department of Defense (“DoD”) issued a proposed rule to exclude the application of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf (“COTS”) items. Among other things, the proposed rule identifies certain DFARS and FAR clauses that should be excluded from commercial item contracts and subcontracts, and sets forth a narrower definition of “subcontract” that would carve out a category of lower-tier commercial item agreements from the reach of certain flow-down requirements. A summary of the proposed rule and our key observations/takeaways are below.
Continue Reading Takeaways From DoD’s Proposed Changes to Commercial Item Contracting