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DOD/DARC RIN: 0750-AK33 Publication ID: Spring 2022 
Title: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) 

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement paragraphs (b) and (c) of section 849 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018, to eliminate certain contract clause requirements applicable to FAR part 12 commercial item acquisitions and COTS item subcontracts unless the Secretary of Defense determines that there is a specific reason not to eliminate the regulation.  Also implements paragraph (a) of section 837(a) of the NDAA for FY 2019, which revises 10 U.S.C. 2375(b)(2) by deleting January 1, 2015, and adding the date October 13, 1994, to eliminate certain solicitation provisions and contract clauses enacted after October 13, 1994, from commercial solicitations and contracts, unless the Under Secretary of Defense for Acquisition and Sustainment makes a written determination that it would not be in the best interest of DoD to exclude them.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 212    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 U.S.C. 1303    Pub. L. 115-232, sec. 837(a)    Pub. L. 115-91, sec. 849(b) and (c)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/00/2022 
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 Johnson
Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6100