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DOD/DARC RIN: 0750-AH04 Publication ID: Spring 2011 
Title: ●Creation of Representation for Nontraditional Contractor (DFARS Case 2009-D013) 
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to define the term "nontraditional contractor," and to enable this class of contractors to represent its nontraditional contractor status to DoD. A nontraditional contractor is a contractor or offeror that, for the first time, is offering to DoD commercial items that do not include commercial items as defined in the definition of commercial items at FAR 2.101. or new technology not previously sold by the offeror. This rule provides a DoD-wide definition of nontraditional contractor and enables DOD to identify them. The objective of the rule is to leverage, to the maximum extent possible, the commercial marketplace in acquiring commercial items offered for the first time by a contractor. By defining what constitutes a nontraditional contractor, DoD will be better positioned to readily identify this class of contractors. This will facilitate and assist the acquiring activity in the drafting of its requirements, and will enable these nontraditional contractors to determine if they can respond to the DoD's needs. The rule will only address the need for a DoD-wide definition of, and representation by, a nontraditional contractor. It does not impose any substantial requirements and any economic impact is expected to be minimal. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 410 USC 421    10 USC 2371    PL 103-160   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060
Phone:571 372-6089