B.  Comment on the FAR Text

Comment: A respondent recommended deleting the phrase at FAR 22.1605(a) "including acquisitions for commercial items and commercially available off-the-shelf items."

Response: DOL is the regulatory agency with primary responsibility for implementation of the E.O. The DOL final rule does not provide an exception for the acquisition of commercial items, including commercially available off-the-shelf items. Therefore, the FAR rule must be consistent with the DOL rule in its application to commercial items.