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Problematic Aspects Of DOD Commercial Item Rule

Law360 (February 8, 2018, 1:02 PM EST) -- Six weeks after the passage of the 2018 National Defense Authorization Act,[1] the U.S. Department of Defense issued a final rule implementing commercial item provisions contained in the 2016 NDAA.[2] The new rule contains significant changes to the Defense Federal Acquisition Regulation Supplement to treat products and services from nontraditional defense contractors as commercial items, require the recognition of prior commercial item determinations from other DOD components agencies, and add a new contract clause for certain commercial item contracts and subcontracts. Curiously, in implementing the 2016...
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