0750-AJ21 202304 Unified Agenda of Federal Regulatory and Deregulatory Actions 0750 Defense Acquisition Regulations Council DARC 0700 Department of Defense DOD Inapplicability of Certain Defense-Unique Laws to Commercial Items (DFARS Case 2017-D010)

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement section 874 of the National Defense Authorization Act for Fiscal Year 2017 to address commercial product and commercial service applicability for DFARS-unique statutes and associated contract clauses issued on or after January 1, 2015. Section 874 amended 10 U.S.C. 2375, redesignated as 10 U.S.C. 3452. Nonstatutory Federal Acquisition Regulation (FAR) contract clauses issued on or after January 1, 2015, are being reviewed under FAR Case 2018-013. The rule also redefines "subcontract” and restricts flowing down these contract clauses to subcontracts under contracts for the acquisition of commercial products, including commercially available off-the-shelf items, and commercial services.

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Final Rule Stage No No 48 CFR 212 48 CFR 252 41 U.S.C. 1303 Pub. L. 114-328, sec. 874 10 U.S.C. 3452 Statutory Final 12/23/2016 Effective upon enactment No NPRM 06/29/2018 83 FR 30646 NPRM Comment Period End 08/28/2018 NPRM Comment Period Extended 08/29/2018 83 FR 44014 NPRM Comment Period Extended End 10/28/2018 Final Action 12/00/2023 No Federal No No No No Jennifer Johnson D. Office of the Under Secretary of Defense for Acquisition and Sustainment 0750 Defense Acquisition Regulations Council DARC 703 717-8226 jennifer.d.johnson1.civ@mail.mil Defense Pricing, Contracting, & Acquisition Policy, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington DC 20301-3060