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DOD/DARC RIN: 0750-AJ79 Publication ID: Spring 2018 
Title: ●Acquisition of Commercial Items (DFARS Case 2018-D016) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement the requirements of sections 847 and 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 and sections 871 and 872, 876 and 877, and 878 of the NDAA for FY 2017 to provide regulatory requirements that state:

  • How contracting officers may require the offeror to submit relevant information to support market research for price analysis;
  • That an offeror may submit information or analysis relating to the value of a commercial item to aid in the determination of the reasonableness of the price of such item, and a contracting officer may consider such information or analysis pursuant to 10 U.S.C. 2379;
  • That the head of an agency may not enter into a contract for facilities-related services, knowledge-based services (except engineering services), construction services, medical services, or transportation services that are not commercial services unless it is determined in writing by the appropriate authority that no commercial services are suitable to meet the agency's needs;
  • That items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with DoD and other parties and are not identifiable to any particular contract shall be treated as a commercial item; and
  • That services provided by a business unit that is a nontraditional defense contractor (as that term is defined in 10 U.S.C. 2302(9)) shall be treated as commercial items, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 48 CFR 212   
Legal Authority: 41 U.S.C. 1303    Pub. L. 115-91, sec. 847    Pub. L. 115-91, sec. 848    Pub. L. 114-328, sec. 871    Pub. L. 114-328, sec. 872    Pub. L. 114-328, sec. 876    Pub. L. 114-328, sec. 877    Pub. L. 114-328, sec. 878   
Legal Deadline:
Action Source Description Date
Final  Statutory  Upon enactment (Pub. L. 115-91)  03/23/2017 
Final  Statutory  90 days after enactment (Pub. L. 114-328)  03/23/2017 
Timetable:
Action Date FR Cite
NPRM  12/00/2018 
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:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil