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ARTICLE · 29 MARCH 2022

DAR Council Proposes 50 DFARS Clauses For Technical Amendments With No Substantive Changes

Taft, Stettinius & Hollister LLP
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On Friday, March 18, 2022, the Defense Acquisition Regulation (DAR) Council released a proposed rule to provide technical

United StatesGovernment, Public Sector
Erin R. Davis
Erin R. Davis
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On Friday, March 18, 2022, the Defense Acquisition Regulation (DAR) Council released a proposed rule to provide technical amendments to the Defense Federal Acquisition Regulations System (DFARS) and settle the DFARS Case 2018-D066. The proposed rule is available here. Interested parties may submit comments no later than May 17, 2022.

The proposed rule does not create any substantive changes; instead it proposes to replace the use of "commercial item" with the terms "commercial products" and "commercial services." In addition, "non-commercial item" will be replaced with "other than commercial products and/or commercial service."

This action is not surprising. The National Defense Authorization Act (NDAA) for Fiscal Year 2019 instructed the Department of Defense to undertake a bifurcation of the commercial item term to more clearly distinguish when commercial services were permissible.

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