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DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 816 of the National Defense Authorization Act for Fiscal Year 2021. Section 816 provides that a contracting officer: (1) In making a determination whether a particular product or service offered by a contractor meets the definition of a commercial product or service, may consult with appropriate experts, including DCMA or DCAA, and consider the views of appropriate public and private sector entities; and (2) Submit, consistent with policies and regulations of the Department, a written memorandum summarizing the determination, including a detailed justification for such determination.