Acquisition of Commercial Items (DFARS Case 2008-D011)

Summary:

DCN 20110419 adopts as final, with minor editorial changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 805 and 815 of the National Defense Authorization Act for Fiscal Year 2008.

Supplementary Information:

I. Background

DoD published an interim rule at 74 FR 34263 on July 15, 2009 to implement sections 805 and 815 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008 (Pub. L. 110-181). A correction to the interim rule was published at 74 FR 35825 on July 21, 2009, to clarify the types of services to which this rule applies, consistent with subsections (c)(1)(A) and (c)(1)(C)(i) of section 805 of Public Law 110-181. Section 805 specified when time-and-materials or labor-hour contracts may be used for commercial item acquisitions. Section 815 provided clarification regarding situations under which a major weapon system, subsystems of major weapon systems, or components and spare parts for major weapon systems may be acquired using procedures established for the acquisition of commercial items. Section 815 also clarified that the terms "general public" and "nongovernmental entities", with regard to sales of commercial items, do not include the Federal Government or a State, local, or foreign government.

II. Discussion and Analysis

Three respondents submitted comments on the interim rule, which are discussed here.

Dates:

The Effective Date for this final rule is 19 April 2011.

Click here to read the entire Federal Register notice for this rule.